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Aarif Khan vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 19 May 2023 · Citation: (2023) 05 SHI CK 0103

HON’BLE JUDGES
Ajay Mohan Goel, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20, 25, 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (Main) No. 1158 Of 2023
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Judgment

12 paragraphs · 511 words

.

Ajay Mohan Goel, J

1.

Status report filed, which is perused and ordered to be taken on record.

By way of this petition, filed under Section 439 of the Criminal Procedure Code, the petitioner has prayed for grant of regular bail, in FIR No.191 of 2020, dated 09.12.2020, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, (hereinafter to be referred as ‘NDPS Act’ for short) at Police Station Chowari, District Chamba, H.P.

2.

When the case was taken up for consideration, learned counsel for the petitioner has argued that one of the co­accused had already been released by this Court in terms of order dated 12.05.2023, passed in Cr.MP(M) No.997 of 2023, titled as Rashid Khan Versus State of Himachal Pradesh and therefore, in these circumstances, it will be in the interest of justice in case present petitioner be also released on bail on the same terms and conditions as imposed in the aforesaid bail petition.

3.

As the factum of the co­accused having been released on bail in terms of order dated 12.05.2023, passed in Cr.MP(M) No.997 of 2023, titled as Rashid Khan Versus State of Himachal Pradesh could not be disputed by the State, therefore, in these circumstances, this petition is allowed, by ordering the petitioner release on bail in FIR No.191 of 2020, dated 09.12.2020, registered under Sections 20, 25 and 29 of the ND&PS Act, at Police Station Chowari, District Chamba, H.P. on his furnishing personal bond to the tune of Rs.1,00,000/­ (Rs. One Lac) with one surety in the like amount, to the satisfaction of the learned CJM/ACJM/JMFC concerned, within a period of two weeks from today, subject to the following conditions:­

i.) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

ii.) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

iii) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

iv) He shall not leave the territory of the State of Himachal Pradesh without prior permission of the learned trial Court.

4.

It is clarified that findings, which have been returned by this Court while deciding this petition, are only for the purpose of adjudication of the present bail petition and learned Trial Court shall not be influenced, in any manner whatsoever, by any of the findings so returned by this Court in the adjudication of this petition during the course of the trial of the case and the respondent­State shall be at liberty to file an application for cancellation of the bail in case petitioner violates any of the conditions of bail. The petition stands disposed of in the above terms.

Downloaded copy of this order from the website of this Court is valid for compliance.