Devender Kumar vs State Of Himachal Pradesh

Sandeep Sharma, J

By way of present petition filed under S. 439 CrPC, bail petitioner namely Devender Kumar has approached this Court, for grant of regular bail in FIR No. 161 of 2021, dated 2.9.2021 under Ss. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Sadar, District Bilaspur, Himachal Pradesh.

On 25.11.2022, learned counsel for the petitioner fairly stated that instead of considering prayer for regular bail, this court may enlarge the petitioner on temporary bail, enabling him to participate in the marriage of his real sister, which is scheduled to be held on 30.11.2022 at village Jorla, PO. Balh, Tehsil Paddhar, District Mandi, H.P.

Though vide order dated 25.11.2022, this Court had directed the learned Additional Advocate General to verify the factum with regard to marriage, if any, of the sister of the bail petitioner but his instructions are still awaited. However, learned Assistant Advocate General, fairly states that since marriage of sister of the petitioner is on 30.11.2022, this Court may enlarge the petitioner on temporary bail, but subject to condition that he shall be sent alongwith two police personnel at his own expenses. Aforesaid stipulation made by the learned Assistant Advocate General, is acceptable to the petitioner as has been stated by learned counsel for the petitioner.

Though having taken note of the fact that petitioner was apprehended with the commercial quantity of contraband, there appears to be no reason to consider the prayer made by the bail petitioner for regular bail, but having taken note of the fact that marriage of his sister is being solemnized on 30.11.2022, as is evident from the invitation card, placed on record, this Court deems it fit to enlarge the petitioner on temporary bail till 6.12.2022, however, he shall be sent to his native place i.e. Village Jorla P.O. Balh, Tehsil Paddhar, District Mandi, H.P., alongwith two police officials in civil dress, whose expenditure shall be borne by the petitioner. On receipt of the instant order, Jail Superintendent Bilaspur, would ensure the release of the petitioner on temporary bail till 6.12.2022, but before enlarging on temporary bail, he would make request to Superintendent of Police, Bilaspur, to provide two police officials in civil dress to accompany the bail petitioner to his native place. Since marriage is to be solemnized on 30.11.2022, this Court hopes and trusts that needful shall be done in terms of the instant order expeditiously, preferably within one day. Learned Assistant Advocate General, undertakes to apprise the Jail Superintendent Bilaspur, as well as Superintendent of Police, Biliaspur, for necessary compliance. It is made clear that bail petitioner after the expiry of the bail period shall surrender himself before the jail concerned, wherefrom he was released. The petition is disposed of in the aforesaid terms.

A downloaded copy of this order shall be accepted by the authority concerned, while releasing the petitioner on temporary bail and in case, said authority intends to ascertain the veracity of the downloaded copy of order presented to it, same may be ascertained from the official website of this Court.