Ajay Kumar vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 168 of 2022, dated 16.09.2022, registered at Police Station Indora, District Kangra, H.P. under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances, Act (hereinafter to be referred as ND&PS Act for short).

At the very outset, learned Senior Counsel appearing for the petitioner has submitted that a perusal of the status report though demonstrates that there are about five other cases registered against the petitioner under the ND&PS Act, but a perusal of the quantity involved therein would suggest that the petitioner might be an addict. Learned Senior Counsel submitted that this he is stating without prejudice to the stand of the petitioner before the learned Trial Court. He further submitted that in the interregnum, a fresh development has taken place as wife of the petitioner has been blessed with a baby and in these circumstances, it will be in the interest of justice, in case, some compassion is shown by the Court to the petitioner.

The petition is opposed on the ground that that the petitioner is a habitual offender and if released on bail, he might again indulge in the same and similar activities.

Having heard learned Senior Counsel for the petitioner as also learned Additional Advocate General, this Court is of the considered view that as the wife of the petitioner has been blessed with a child and as in the present case, the allegations against the petitioner are that intermediate quantity of chitta was recovered from him in the month of September, 2022, therefore, this petition is disposed of with the direction that the petitioner be released on bail for a period of two months so that he can look after his newly born child as also his wife. The petitioner shall be released on bail w.e.f. 09.01.2023, on his furnishing personal bond to the tune of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned ACJM/JMFC Indora, with undertaking therein that he shall surrender back to the Jail Authorities on or before 10th of March, 2023 (5:00 PM), subject further to the following conditions:

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

·        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

·        He shall not leave the territory of this Country.

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. It is further clarified that in case the petitioner does not complies with any of the conditions, which have been imposed upon him while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.

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