Ankush vs State Of Himachal Pradesh

Ajay Mohan Goel, J

SI Raj Kumar, IO Police Station Baijnath, District Kangra, H.P. present with case record.

2 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. 09 of 2023, dated 13.01.2023, registered at Police Station Baijnath, District Kangra, H.P. under Section 20 of the Narcotic Drugs and Psychotropic Substances, Act (hereinafter to be referred as ND&PS Act for short).

Learned Counsel for the petitioner has submitted that the petitioner is innocent and is not guilty of the offence alleged against him. He has further submitted that the petitioner is 27 years old, who is earning his livelihood by working as a driver. He has further stated that the petitioner has no previous history of being involved in offences under the provisions of the ND&PS Act and the alleged quantity of contraband recovered from the petitioner is 316 grams of charas, which is intermediate quantity. He has further submitted that in these circumstances, it will be in the interest of justice, in case, present petition is allowed and the petitioner is ordered to be released on bail.

The bail petition has been opposed by the State inter alia on the ground that the commission of the offence in the present case is under the provisions of the ND&PS Act and further, if released on bail, there is each and every possibility that the petitioner may again indulge in same and similar activities and he may create hurdles in the process of investigation and trial.

I have heard learned Counsel for the petitioner as well as learned Additional Advocate General and carefully gone through the averments made in the status reports as well as order passed by learned Special Judge, in terms whereof, the similar petition filed by the petitioner was dismissed on 20.02.2023.

The quantity of contraband recovered from the conscious possession of the petitioner as per prosecution is intermediate in nature. It is not much in dispute that the petitioner does not has any criminal history of being involved in offences under the ND&PS Act, though the prosecution has pointed out in the status report that the petitioner is facing criminal cases under the various provisions of the Indian Penal Code.

Be that as it may, taking into consideration the fact that the petitioner is in custody since 13.01.2023 and challan has already been filed in the competent Court of law, as has been intimated to the Court by learned Additional Advocate General on instructions and further taking into consideration the fact that the contraband involved is of intermediate quantity, the present petition is allowed and the petitioner is directed to furnish personal bond to the tune of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned JMFC concerned within a period of two weeks from today, subject further to the following conditions:-

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;

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 comply 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.