Jamal Vs. The State Of U.P

Allahabad High Court (Single Judge)

BAIL, 4808 of 2015, Judgment Date: Jun 15, 2015

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 17 

Case :- BAIL No. - 4808 of 2015 

Applicant :- Jamal 
Opposite Party :- The State Of U.P 
Counsel for Applicant :- Ashok K. Mishra 
Counsel for Opposite Party :- Govt. Advocate 

Hon'ble Raghvendra Kumar,J. 
Heard learned counsel for the accused-applicant and learned A.G.A. for the State and perused the record. 
It has been submitted by learned counsel for the accused-applicant that co-accused Smt. Guddi from whose possession the smack has been alleged to have been recovered has already been enlarged on bail by this court in Bail No.4602 of 2015 on 9.6.2015. It is further submitted that the alleged recovery of 100 gms of smack shown from the possession of the accused applicant is below the commercial quantity and therefore, the applicant is entitled to be released on bail on the ground of parity. 
Learned AGA has opposed the prayer for bail of the accused applicant but could not dispute the aforesaid fact. 
Considering the facts and circumstances of the case and submissions of the counsels for the parties without expressing any opinion on the merits of the case, I find it a fit case for bail. 
Let the accused-applicant-Jamal, involved in Case Crime No.607 of 2015, u/s 8/21 NDPS Act, P.S.-Kotwali Nanpara, District-Bahraich be released on bail on his executing a personal bond and furnishing two heavy and reliable sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- 
(i) The applicant shall file an undertaking that he shall co-operate in the expeditious disposal of the case. 
(ii) The applicant shall also 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. 
(iii) 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 IPC. 
(iv) 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 IPC. 
(v) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient 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.. 
Order Date :- 15.6.2015