HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33610 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the applicant, Sri P. K. Singh, learned A.G.A. for the State and perused the material on record. The instant bail application has been filed on behalf of the applicant- Asraf with a prayer to release him on bail in Case Crime No. 468 of 2019, under Section 21/22 of N.D.P.S. Act, Police Station- Katghar, District- Moradabad, during pendency of trial. Learned counsel for the applicant submits that applicant was granted bail by order dated 16.10.2019 with certain conditions. Out of four conditions, condition nos.1 & 3, which are as follows, have been violated:- "(i) 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. (ii) 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." However, learned counsel for the applicant submits that he will not seek any adjournment on future dates and will appear before the trial Court so that trial may be concluded as expeditiously as possible. Learned A.G.A. has vehemently opposed the bail prayer of the applicant by Versus Counsel for Applicant(s) : Mridul Chandra Tiwari, Vatsala Upadhyay Counsel for Opposite Party(s) : G.A. Asraf .....Applicant(s) State of U.P. .....Opposite Party(s) contending that applicant is absconder, therefore, he is not entitled to be released on bail. The innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. Considering the nature of the offence, provision for initiation of cases and release of the accused in N.D.P.S. Act, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail for the period of six months from today on his furnishing a personal bond and two heavy sureties (one should be of a family member), each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- (i) 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. (ii) 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. (iii) 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. (iv) 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. It is clarified that the observations, if any, made in this order are strictly BAIL No. 33610 of 2025 2 confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. In the meantime, the trial Court is directed to conclude the trial. October 7, 2025 Rahul. BAIL No. 33610 of 2025 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad