Prasun Tiwari @ Sonu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12967 of 2024 Applicant :- Prasun Tiwari @ Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaushal Kishore Tewari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 217 of 2024, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, P.S. Kotwali Dehat, District Sitapur. As per allegation in the F.I.R. contraband substance, i.e., 50.390 kg ganja is said to have been recovered from the possession of the applicant by the police. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely planted by the police. Contraband substance, i.e.,50.390 kg ganja, which is said to have been recovered from the possession of the applicant, is above the commercial quantity. He added that there is no independent public eye witness of the same and the identically situated co-accused namely Devendra Shukla @ Monu, has already been enlarged on bail by this court vide order dated 25-11-2024 passed in Criminal Misc. Bail Application No. 8987 of 2024 and the case of the present applicant is ditto identical to the case of the aforesaid co-accused. He added that while considering the fact that the samples were not sent to the F.S.L. immediately after it's sampling and further there is no previous criminal history of the applicant as is mentioned in paragraph no. 25 of the bail application and he is languishing in jail since 25-07-2024. He added that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. Per contra, learned A.G.A. opposed the prayer of bail and submits that applicant was involved in committing the aforesaid offence as contraband substance i.e.,50.390 kg ganja has been recovered from his possession and, as such, the applicant is not entitled to be released on bail, but, he could not dispute the fact that identically situated co-accused named above, has already been granted bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that recovered contraband substance, i.e..50.390 kg ganja is above the commercial quantity; there is no independent public eye witness of the alleged recovery; the applicant has no previous criminal history and he is languishing in jail since

25.7.2024, coupled with the fact that the applicant has undertaken that he will not misuse the liberty of bail if he is granted bail and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant, Prasun Tiwari @ Sonu, involved in the aforementioned crime 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:-

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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

(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

(4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 18.12.2024 AKS High Court of Judicature at Allahabad, Lucknow Bench