Ankit Raizada vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court, invoking provisions of Section 439 Code of Criminal Procedure (for short Cr.P.C.), for enlarging him on bail in case FIR No.86 of 2022, dated 30.4.2022, registered in Police Station Haroli, District Una, Himachal Pradesh, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

Status report stands filed. Record was also made available.

In the Status Report, the circumstances have been narrated in detail, under which, on 30.4.2022 at about 4 p.m., at Bathri near Hanuman Mandir, on the road from Tahliwal to Bathri petitioner has been apprehended by the Police, for having been found in possession of 6.62 grams Heroin/Chitta, kept in Dashboard of Jeep being driven by petitioner, in presence of independent witness associated during search and seizure process.

After recovery of Heroin/Chitta from the petitioner, for suspicion of possession of any other narcotic drug, personal search of petitioner was also conducted after complying Section 50 of the NDPS Act, but nothing incriminating substance was recovered. Thereafter, after sending Rukka to the Police Station, FIR was registered and petitioner was arrested and since then, after remaining in police custody till 4.5.2022, petitioner is in judicial custody.

Challan has been presented in the Court on 29. 6.2022.

Petitioner had filed an application before Special Judge, Una, District Una, Himachal Pradeh, for enlarging him on bail, which was dismissed on 16.7.2022.

Learned counsel for the petitioner has submitted that petitioner, as per prosecution case, has been found in possession of 6.62 grams Heroin/Chitta, which is nearer to smaller quantity of 5 grams and further that 28 years old petitioner is victim of circumstances who is not a paddler but is behind the bars for the last more than 5 months.

Learned Additional Advocate General has opposed the grant of bail, on the ground that petitioner has been found involved in commission of an offence which is damaging not only individuals but also society at large and, further that, earlier also, in the year 2020, petitioner was found in possession of Chitta in a case FIR registered in Police Station Bangana.

Learned counsel for the petitioner has submitted that in the case registered in Police Station Bangana, petitioner has been made an accused for alleged recovery of 2.5 grams Chitta from him and the said case is pending adjudication, wherein guilt of the petitioner is yet to be established and, further that, quantum of contraband allegedly recovered from the petitioner in both the cases is either small or nearer to small and, therefore, rigors of Section 37 of the NDPS Act are also not applicable in the present case, as in both the cases guilt of the petitioner is yet to be proved and petitioner cannot be incarcerated without trial, and he deserves to be enlarged on bail particularly keeping in view the quantity of the contraband alleged to have been recovered from him and his period of detention.

Learned counsel for the petitioner has further submitted that the petitioner undertakes to abide by any condition, which may be imposed by the Court, and shall furnish the bail bonds as will be directed, in case of his release on bail.

Taking into consideration the entire facts and circumstances, but, without commenting on merits of the rival contentions of the parties, and taking into account factors and parameters, as propounded by the Courts, including Supreme Court, required to be considered at the time of adjudication of bail application, I am of the opinion that petitioner may be enlarged on bail in present case, at this stage.

Accordingly, the petition is allowed and petitioner is ordered to be released on bail, on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of Trial Court, upon such further conditions as may be deemed fit and proper by the Trial Court, including the conditions enumerated hereinafter, so as to assure presence of petitioners/accused at the time of trial:

(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, as per law;

(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 the petitioner 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 the petitioner 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;

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

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 and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any conditions imposed upon 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 hereinbefore shall not affect merits of the case in any manner and are strictly confined for the disposal of the bail application.

The parties are 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, it may verify the order from the High Court website or otherwise.

Petition stands disposed of in the aforesaid terms.