Aman Kumar vs State Of H.P

Vivek Singh Thakur, J

This petition has been preferred seeking regular bail under Section 439 Cr.P.C, in case FIR No. 210 of 2019 dated 22.09.2019 registered in Police Station, Barmana, District Bilaspur, H.P. under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

Status report stands filed, wherein the details of the incident in which 162 grams charas was recovered from the scooty of co-accused Sachin Sharma have been reiterated and it is stated that petitioner Aman Sharma was accompanying Sachin Sharma on his scooty as a pillion rider but had run away after jumping from the moving scooty and could not be arrested on the spot and his name was disclosed by co-accused Sachin Sharma as accomplice in his business of contraband. It is also stated that co-accused Sachin Sharma had disclosed that his friend Aman Kumar (present petitioner) had helped him for purchasing cannabis by providing money and other means.

According to the prosecution, the petitioner was apprehended in Ludhiana on 20.02.2020 and he was brought to Bilaspur and after interrogation was arrested at Bilaspur bus stand at about 7.30 p.m. It is further stated that apartfrom present case, petitioner has been found involved in cases under the NDPS Act, which have been registered in Police Station, Sundernagar vide FIR No. 151 of 2019 and in Police Station, Sadar, District Mandi vide FIR No. 27 of 2018. Lastly, it is stated that challan has been presented in the Court on 17th April, 2020.

At this stage, it is submitted by learned Deputy Advocate General and endorsed by the learned counsel for the petitioner that charge in the present case has been framed and case is listed for recording prosecution evidence on 14.10.2020. The petitioner is behind bars since last more than seven months. The petitioner had approached learned Special Judge, Bilaspur for enlarging him on bail in June, 2020, but his bail was rightly rejected by the said Court at that stage.

Considering the entire facts and circumstances placed before me and also the nature and gravity of offence and quantum alleged to have been recovered from the scooty of co-accused Sachin Sharma, I find that at this stage, petitioner may be enlarged on bail. Accordingly, the petitioner is ordered to be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- with two local sureties in the like amount to the satisfaction of the trial Court and also subject to the following conditions:-

i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

ii) that the petitioner shall not directly or indirectly 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 Court or to any Police Officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

iii) that he shall not obstruct the smooth progress of the investigation/trial;

iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

v) that the petitioner shall not misuse his liberty in any manner;

vi) that the petitioner shall not jump over the bail;

vii) that he shall furnish proof of his place of ordinary residence like certificate of Panchayat or any other authority which may be placed where his mother, brother or wife are residing and he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial; and

viii) he shall not leave India without permission of the Court.

ix) He shall not involve in commission of same and similar offence and in such eventuality, bail in present case shall also be liable to be cancelled.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice.

In case the petitioner violates any conditions imposed upon him him, his bail shall be liable to be cancelled. In such eventuality prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.'

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.

Dasti Copy.