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Judgment
Avneesh Jhingan, J
The matter is taken up for hearing through video conference due to COVID-19 situation.
CRM-6378 of 2021
Application is allowed as prayed for.
Annexure P-6 is taken on record subject to all just exceptions.
Main case
This petition is filed for grant of regular bail in case of FIR No. 123 dated 4.8.2018 under Section 22 of NDPS Act, 1985, registered at Police Station Goraya, District Jalandhar.
During routine checking on 4.8.2018, petitioner along with two other accused were checked while they were riding a motor cycle. They were found in possession of 152 grams of Alprazolam. The petitioner was apprehended at the spot. Interim bail was granted by the concerned Court on 25.9.2018 as FSL report was awaited. The challan was presented on 15.11.2018 but the petitioner was not present. Other two accused surrendered and were granted bail by this Court.
Learned counsel for the petitioner submits that the petitioenr was not aware of further proceedings, resultantly, he was not present before the trial Court. In order to show his bonafide, the petitioner offers to deposit security of Rs. 50,000/- cash before the trial Court.
Learned State counsel opposes the bail and submits that the petitioner is involved in another case of NDPS Act. The contention is that absence was intentional to delay the proceedings.
The entire endeavour of the machinery and coercive machinery provided under the Cr.P.C. is to ensure the presence of the accused as and when required before the trial Court. The co-accused who had surrendered and were granted bail by this Court. The offer of the petitioner is accepted. Bail is granted bail subject to deposit of Rs. 50,000/-with the trial Court. The deposit shall be subject to outcome of the trial. The amount shall be kept in FDR of a nationalised bank. In case, the petitioner fails to appear as and when warranted by the Court, the amount so deposited would be forfeited.
The petition is allowed.