Desh Raj & Another vs State Of Himachal Pradesh

Vivek Singh Thakur, J

This petition has been preferred, seeking bail under Section 438 Criminal Procedure Code (in short Cr.P.C.), in case FIR No.87 of 2019, dated 28.09.2019, registered under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), in Police Station, Janjehli, District Mandi, H.P.

Status report stands filed. The same is perused and taken on record.

On instructions, learned Deputy Advocate General submits that petitioners have joined the investigation and investigation is almost complete and nothing is to be recovered from petitioners and their custodial interrogation is not required by Investigating Agency.

In view of above, considering submissions made by learned Deputy Advocate General, I am of the opinion that no fruitful purpose is going to serve by keeping the petitioners behind the bars and, therefore, interim bail granted on 08.07.2020 is confirmed, subject to furnishing personal bond in the sum of `50,000/- each with one surety each in the like amount to the satisfaction of learned CJM/ACJM/JMIC, Mandi, holding the charge of concerned Police Station, within two weeks from today, subject to further following conditions:-

(i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) That the petitioners 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. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) That they shall not obstruct the smooth progress of the investigation/trial;

(iv) That the petitioners shall not commit the offence similar to the offence to which they are accused or suspected;

(v) That the petitioners shall not misuse their liberty in any manner;

(vi) That the petitioners shall not jump over the bail; and

(vii) That they shall keep on informing about the change in addresses, landline numbers and/or mobile numbers, if any, for their availability to Police and/or during trial.

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.

In case the petitioners violate any conditions imposed upon them, their 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 CJM/ACJM/JMIC, Mandi, holding the charge of concerned Police Station, 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 in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. Petition stands disposed of in the aforesaid terms.

Registry to transmit a copy of this order to the trial Court through E-mail.

Copy dasti.