Ankush vs State Of H.P

Vivek Singh Thakur, J

Petitioner has approached this Court for releasing him on bail, in case FIR No.85 of 2020, dated 16.9.2020, registered under Sections 21 and 29 of

the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act), in Police Station Parwanoo, District Solan, Himachal Pradesh.

As per Status Report, filed on behalf of respondent-State, petitioner, alongwith two others, on 16.9.2020 at 4.50 pm, was found travelling in Car

No.HP01S-1917 from Chandigarh side towards Solan, wherefrom, during checking of the vehicle, 39.11 grams heroin was recovered from the space

located in front of co-driver seat below the Dash Board. Following the procedure prescribed under law, recovered heroin was seized and taken in

possession, and Ruka was sent for registration of FIR and later on petitioner, alongwith co-accused namely Supriya and Mukesh Thakur, was arrested

at 9.30 pm, after getting permission from learned Additional Chief Judicial Magistrate, Kasauli.

During investigation, Call Detail Report of the phone of the petitioner as well as the co-accused has also been obtained. Tower location on

15.9.2020 of the mobile phones of the co-accused were found at Parwanoo and thereafter on 16.9.2020 in Haryana, Punjab and Delhi and on the

same day the location of return journey was also found. Mobile phone of the petitioner was switched off and, therefore, his exact location could not be

reflected in Call Detail Reports.

Challan in present case has been presented in Court on 12. 11.2020.

Earlier bail application of the petitioner bearing Cr.M.P. (M) No. 1876 of 2020, filed before filing of the challan in Court, was dismissed as

withdrawn on 09.11.2020.

Learned counsel for the petitioner has submitted that the co-accused namely Supriya and Mukesh Thakur have already been enlarged on bail and

further that the petitioner was not aware about the transportation of the recovered heroin by co-accused, who were travelling in the car. Further, it is

stated that quantity recovered is intermediate quantity and that petitioner is in custody since 16.9.2020.

In the status report it is stated that no other case has been found registered against the petitioner.

Keeping in view the entire facts and circumstances, without commenting on merits of the case, at this stage, I am of the opinion that no fruitful

purpose is going to be served by keeping the petitioner behind the bars. Accordingly, the petitioner is ordered to be enlarged 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 the trial Court, within two weeks from today, subject

to the following conditions:

(i) That the petitioner shall make himself available during investigation, as well as the trial on each and every date 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 trial;

(iv) that the petitioner shall not commit the offence similar to the offence of 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 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) that he shall not leave India without permission of the Court. He shall inform the Police/Court his contact number and shall keep on informing

about change in address and contact number, if any, in future.

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 or the 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 hereinabove shall not affect the merits of the case in any manner and are strictly confined for the disposal of the present bail

application.

Present petition stands disposed of.

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, they may verify the order from the High Court website or otherwise.

Copy dasti on usual terms.