Bakhshinder Singh vs State Of Himachal Pradesh

Satyen Vaidya, J

By way of instant petition, the petitioner has sought pre-arrest bail in case registered vide FIR No. 165 of 2021 dated 13.07.2021 at Police Station,

Haroli, District Una, H.P. under Section 15 of Narcotic Drugs Psychotropic Substances Act (hereinafter referred to as the ‘Act’ in short).

Case of the petitioner is that he is not involved in the case and has been falsely implicated. He is Sarpanch of his village and is possessing movable

and immovable properties. It has further been stated on his behalf that there is no probability of petitioner absconding from the course of justice or

otherwise tampering with the prosecution evidence. Petitioner has undertaken not to mis-use the liberty of bail, if allowed in his favour. He has further

undertaken to join investigation to assist the police in investigation of the case.

On notice, respondent has submitted the status report. As per the case of respondent, 26 kilograms of poppy husk was recovered from the

possession of one Sukhvinder Singh son of Satnam Singh, resident of village Hira, Tehsil and Police Station, Haroli, District Una, H.P., in a search

conducted in his premises on 13.07.2021 in presence of independent witnesses. Further, case of the respondent is that it was found during investigation

that Sukhvinder Singh son of Satnam Singh had purchased the contraband recovered from him from the petitioner. It has further been stated in the

status report that the petitioner is involved in many other cases in the State of Punjab.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent-State and have also gone through the

record.

It is not disputed that the contraband involved in the present case was not recovered from the petitioner. It is only on the saying of co-accused

Sukhvinder Singh that the petitioner has been arrayed as a co-accused in the case. The status report does not reveal that the respondent has any other

evidence except the version of co-accused to conclude that the contraband recovered from Sukhvinder Singh was sold by the petitioner.

As regards that the petitioner is involved in many other cases, learned counsel for the petitioner has stated that he stands acquitted in all other cases

falsely fastened against his client. Few judgments of acquittal in which the petitioner is arrayed as an accused have also been placed on record at the

time of hearing. The fact remains that the petitioner at the time of registration of FIR No. 165 of 2021 was not in custody in any case. The fact that

petitioner was arrayed as an accused in some criminal cases in past will not be a sole ground to disentitle him from claiming the relief of bail in the

present case.

Learned counsel for the petitioner has also placed on record copy of order dated 29.07.2021 passed by learned Special Judge-II, Una, whereby bail

has been granted to the co-accused Sukhvinder Singh son of Satnam Singh. Respondent have neither shown any inclination nor have made any prayer

requiring custodial interrogation of the petitioner in the case. The investigation of the case is stated to be almost complete. No recovery is required to

be effected from the petitioner.

In the facts of the case, no fruitful purpose shall be served by curtailing the liberty of the petitioner by sending him to custody. In the totality of

circumstances, it cannot be said that there is any real apprehension of petitioner absconding from the course of justice. The petitioner has joined the

investigation of the case and there is no allegations that he has avoided to associate in the investigation.

In the given circumstances of the case, the application is allowed. The petitioner is ordered to be released on bail in the event of his arrest in case

registered against him vide FIR No. 165 of 2021 dated 13.07.2021at Police Station, Haroli, District Una, H.P. under Section 15 of Narcotic Drugs

Psychotropic Substances Act, on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of

Investigating Officer of the case. The bail is granted to the petitioner, subject to the following conditions:-

i) Petitioner shall continue to join the investigation as and when required to do so.

ii) Petitioner shall not in any manner tamper with the prosecution evidence and also shall not dissuade any person acquainted with the facts of the case

from disclosing the same in the Court.

iii) Petitioner shall not leave the country till completion of investigation without express leave of this Court and thereafter till completion of trial, if any,

without the express leave of trial Court.

Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the

matter uninfluenced by any observation made hereinabove.

The petition is disposed of accordingly.

Copy dasti.