Daleep Kumar vs State Of H.P.

Virender Singh, J

By way of present application filed under Section 439 of Cr. P.C., applicant, Daleep Kumar has sought interim bail, in case FIR No. 56 of 2022, dated 15.12.2022, registered with Police Station, Kunihar, District Solan, under Section 20 and 29 of the ND&PS Act and 196 of Motor Vehicles Act.

The applicant has sought interim bail on the ground that his wife has delivered a child in Kamla Nehru Hospital, Shimla. No one is there in the family to look after the newly born child as well as the mother.

On all these submissions, a prayer has been made to release him on interim bail for 20 days. The application has been moved through the real brother of the applicant, Laiq Ram.

Alongwith the applicant, copy of card of National Health Mission, issued by the department of Health & Family Welfare, Himachal Pradesh, has been annexed.

When put on notice, the police has filed the status report disclosing therein that on 15.12.2022, applicant Daleep Kumar was found in conscious possession of contraband, weighing 180 grams of charas, during the search of vehicle No. HP­08A­3546, which was driven by the applicant. The Co­ accused Naresh Kumar was also stated to be sitting in the said vehicle.

The investigation is stated to be complete in the present case, however, the Challan has yet not been filed.

On all these submissions, a prayer has been made to reject the bail application.

In the status report, the factual position with regard to filing of the earlier bail application has also been mentioned. Since the present application has been moved only for interim bail for 20 days, as such, the said fact has no relevance over the right of the applicant, for being considered, for the interim bail, as sought, in the present case.

The contraband allegedly shown to be recovered from the applicant, does not fall within the definition of ‘commercial quantity’, as such the rigors of Section 37 of the ND& PS Act, are not applicable here.

Considering all these facts, the prayer made in the application is allowed and the applicant is ordered to be released on interim bail, in case FIR No. 56/2022, dated 15. 12.2022, registered with Police Station, Kunihar, District Solan, under Section 20 of the NDPS Act, on his furnishing personal bond in the sum of Rs. 25,000/­, with two sureties in the like amount, to the satisfaction of the learned JMFC­II, Solan, for a period of 20 days, commencing from 29.1.2023 to 17.2.2023. The applicant is directed to surrender before the jail authorities, on 18.2.2023 at 10.00 a.m.

This order, however, shall be subject to the following conditions:­

a) He shall make himself available for the purpose of interrogation, if so required and regularly 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;

b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner, whatsoever;

c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and

d) He shall not leave the territory of India without the prior permission of the Court.

Any of the observations, made herein above, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined only to the disposal of the present application.

It is made clear that the respondent­State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant.

Applicant may produce a downloaded copy of the order passed by the Court before the trial Court and the trial Court shall not insist for the certified copy of order, rather passing of order can be verified from the web­page of this Court.