Mohammad Niyaz @ Chhotu v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt.Lko

Court No. -13 Case :-CRIMINAL MISC. BAIL APPLICATION No. -14826 of 2023 Applicant :-Mohammad Niyaz @ Chhotu Opposite Party :-State Of U.P. Thru. Secy. Home Deptt. Civil Sectt.Lko Counsel for Applicant :-Syed Nayab Raza,Upendra Pratap Singh Counsel for Opposite Party :-G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that there is no independent witness of the recovery. The recovered quantity of ganja is below commercial and the provisions of Section 50 of NDPS Act has not been followed. The applicant has been falsely implicated. He is languishing in jail since 30.09.2023 without having any criminal antecedent. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that the recovered quantity is below commercial; he has no criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Mohammad Niyaz @ Chhotu involved in Case Crime/FIR No. 314/2023, under Sections 8/20 NDPS Act, Police Station -Para, District -Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 16.12.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench