Anoop vs State Of H.P

Vivek Singh Thakur, J

This petition, preferred under Section 439 Cr.P.C., has been filed by petitioner seeking regular bail in case FIR No.128 of 2020, dated 21.5.2020, registered under Sections 20 and 29 of Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ND&PS Act), in Police Station Sadar Solan, District Solan HP.

2 Petitioner has been arrested on 21st May, 2020 for having been found in possession of 215 grams of charas, which is intermediate quantity and since then, after remaining in policy custody, he is in judicial custody.

3 Petitioner had also filed a petition under Section 439 Cr.P.C. before learned Special Judge, Solan on 26.5.2020, which was dismissed on 29.5.2020. Thereafter, petitioner had also filed an application bearing Cr.MP(M) No. 765 of 2020 in this Court. However, said petition was dismissed as withdrawn.

4 Status report stands filed, wherein it is stated that a secret information was received on 21.5.2020 that petitioner was selling charas to truck drivers from his Shop No. 10, wherein he had been running a business in his Qualis vehicle No. HP-14-9589, of providing tea and food. On the basis of this reliable information, shop No. 10 was raided wherein above referred Qualis was found parked and petitioner was found preparing tea in that vehicle and running a business of tea and food by opening the door of dickey. During search of vehicle, contraband was recovered, which was found concealed beneath the driver's seat, which resulted into lodging of FIR and arrest of petitioner.

5 It is also stated in status report that during investigation, petitioner had revealed that he along with his family is residing at Solan Bye-pass Kathed in a rented room and he is habitual of consuming "bhang" and he had collected bhang (charas) for his personal consumption from cannabis hemps. However, due to financial constraints during Lockdown, he had decided to earn money for day- to - day expenses of house and family by selling charas and therefore, he had kept it in his vehicle for sale.

6 After presentation of challan before the Court of learned Special Judge on 7.7.2020, trial is pending in the said Court.

7 Bail petition of petitioner preferred before learned Special Judge-III, Solan was rightly dismissed by learned Special Judge, at that stage, for the reason assigned in order passed by him, placed on record as Annexure P-1. At the time of filing of second petition before this Court in June, 2020 the investigation was at initial stage and at that time said petition was dismissed as withdrawn.

8 At this stage, considering the entire facts and circumstances of the case including age of petitioner, intermediate quantity of contraband recovered, period spent in judicial custody and also status of investigation, I am of the opinion that petitioner may be enlarged on bail.

9 Accordingly, petitioner is ordered to be enlarged on bail in case FIR No. 128 of 2020, referred supra, subject to furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned Special Judge, Solan 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;

(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 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 as well as trial;

(iv) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station.

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

(vii) In case, petitioner is found to have been involved in repetition of similar offence in future, then his bail in present case shall also liable to be dismissed for which prosecution/ police would be at liberty to take appropriate steps.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also 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 condition 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 18.3.2013.

13 Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail applicationfiled under Section 439 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.