Birju @ Brijlal Gautam v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4264 of 2023 Applicant :- Birju @ Brijlal Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

¶2The present bail application has been filed on behalf of the applicant in Case Crime No.02 of 2023, under Sections 8/21 N.D.P.S. Act, Police Station - Jahangirabad, District - Barabanki, with the prayer to enlarge him on bail.

¶3Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and applicant is in jail since 3.1.2023. He further submits that mandatory provisions of Sections 52(A) & 50 of N.D.P.S. Act has not been complied with. He also submits that till today, only one witness has been examined and on 25 dates, N.B.W. was issued by the court below and thereafter, notice under Section 350 Cr.P.C. was issued, then witness appeared for evidence, after that trial is not going on. He also submits that applicant was implicated in one another case, in which, he is on bail. He further submits that there is no possibility of conclusion of trial in near future, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

¶4Learned A.G.A. oppose the prayer for grant of bail and submits that huge amount of contraband has been recovered from the possession of the applicant, but he does not dispute this fact that applicant is in jail since 3.1.2023 and the pleading related to the issuance of N.B.W. as well as notice under Section 350 Cr.P.C. issued against the witness is also not denied.

¶5Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., other relevant documents, nature of offence as well as facts and circumstances of the case, it is evident that applicant is in jail since 3.1.2023 and after repeated issuance of N.B.W. as well as notice under Section 350 Cr.P.C., witness appeared before the trial court for evidence, therefore, I am of the view that the applicant is entitled to be released on bail.

¶6Let applicant -Birju @ Brijlal Gautam -be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(ii) 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 ofÏcer or tamper with the evidence.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) 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 sufÏcient cause, the Trial Court may proceed against him under Section 229-A IPC.

(v) 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., may be issued and if 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 IPC.

(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.12.2024 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench