Gyan Prakash vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Instant petition has been preferred by the petitioner, seeking anticipatory bail under Section 439 of the Code of Criminal Procedure (in short ‘Cr.P.C.), in case FIR No. 179 of 2021, dated 13.7.2021, registered in Police Station, Sadar, Kullu, under Section 20 of Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’)

2 Status report filed and record was also made available.

3 Prosecution case is that on 13.7.2021, police party of Police Station Kullu, during patrolling towards Kullu, Bhuntar, Jiya, Ramshila etc., at Budgarinala towards Dugvarah road near Larikot at about 8.20 AM laid a Naka. At 8.35 AM two young boys were noticed coming from Larikot side towards police party. One of those, on noticing police party, handed over the carry bag to another boy and both of them turned back and started running. The police party overpowered them at a distance of about 15-20 steps and inquired them about reason for running on noticing the police party and also about articles in carry bag. But they could not answer satisfactorily which raised suspicion that there might be some illegal article in the carry bag. Thereafter, after associating two passersby namely Channe Ram and Giru Ram in the search and seizure party, bag was checked in presence of two boys wherefrom 1.076 Kg. charas was recovered. The boy holding the bag first disclosed his name Gyan Prakash and another disclosed his name Mitesh Thakur.

4 After taking in possession and seizing the recovered contraband, ruka was sent to Police Station and FIR was registered. Thereafter Gyan Prakash and Mitesh Thakur were arrested and investigation was carried on. Since 13.7.2021 petitioner, after remaining in police custody for three days, is in judicial custody.

5 In the status report, no previous history of involvement of accused persons on previous occasion has been reported.

Learned counsel for petitioner has submitted that petitioner is 22 years old young boy and he is behind the bars since last about more than one year and he is not having any previous history of involvement in commission of offence either of similar nature of offence or any other offence and contraband alleged to be recovered from him has been found 1.076 Kg. which is slightly more than 1 Kg and thus, it has been contended that keeping in view the antecedents of petitioner and quantity of contraband rigors of Section 37 of NDPS are not to be applied to the petitioner.

9 Learned Additional Advocate General has opposed the grant of bail on the ground that commercial quantity of 1 Kg. and 76 grams of charas has been recovered from petitioner and offence committed by petitioner is not only affecting the individuals but also society at large and, therefore, petitioner is not entitled for bail.

10 Taking into consideration previous history, quantum of contraband recovered, period of detention and submissions made by learned counsel for the petitioner as well as learned Additional Advocate General, but without commenting upon merits of case, however, taking into consideration parameters and factors relevant for adjudication of bail application, petitioner may be enlarged on bail.

11 Accordingly, petitioner is ordered to be enlarged on bail on furnishing personal bond in the sum of Rs.1 lakh with one surety in the like amount to the satisfaction of trial Court within two weeks from today and upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to assure presence of petitioner at the time of trial:-

(i) That the petitioner shall join the investigation and attend the Court as and when directed to do so by the Investigating Agency/Court;

(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/her 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 the petitioner shall not obstruct the smooth progress of the investigation as well as trial;

(iv) That the petitioner 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) In the event of repetition of commission of offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by prosecution/police;

(vii) That the petitioner shall not leave India without prior permission of Court;

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

12 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 be open to the trial Court/Magistrate to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

13 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.

14 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.

15 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 application filed under Section 439 of Code of Criminal Procedure 1973.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, passing of order may be verified from the High Court website or otherwise.

Petition stands disposed of.