Hari Chand vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court seeking bail in case FIR No. 6 of 2021, dated 2.1.2021, registered in Police Station Kullu, District Kullu, H.P. under Section 20 of Narcotic Drugs and Psychotropic Substances Act (in short “NDPS”).

Status Report stands filed and record has also been made available.

Prosecution case as detailed in status report is that on 1.1.2021 at about 9:30 P.M., patrolling Party had laid Naka at Bastori Road in District Kullu. At about 10:20 P.M., petitioner was noticed coming from Ramshila side with the help of mobile torch, having a carry bag in his hand. Head Constable Sandeep Kumar had asked him to stop and disclose his identity and explain the reason for his movement in the night during curfew hours. Petitioner, while disclosing his identity, was looking at carry bag in his hand. On inquiry about articles in carry bag, he turned around and started running towards Bastori. He was chased and overpowered at a distance of about 25-30 steps. At that time no independent witness was available despite making efforts and waiting for passersby, whereupon Police officials were associated in search and from the carry bag 1.046 Kilograms Charas was recovered, which was weighed on electronic balance available with the Police. Recovered contraband was seized by adopting prescribed procedure and a rukka was sent to the Police Station, on the basis of which FIR was registered and thereafter petitioner was arrested by another Investigating Officer on 2.1.2021 at 5:30 A.M. After remaining in Police remand for three days, petitioner was sent to judicial custody and since then he is in judicial custody.

Learned Additional Advocate General has submitted that petitioner has committed heinous crime which is ruining not only individual life of victim, but also families, causing harm to the society at large and, therefore, prayer for rejecting the bail application has been made.

Learned counsel for the petitioner has submitted that petitioner is behind the bars since last about 15 month and there is no previous history of his involvement in commission of similar nature of offence or any other offence.

It has further been argued on behalf of petitioner that recovered contraband has been found 1.046 Kilograms, which is slightly more than 1 Kilogram and thus it has been contended that keeping in view the previous antecedents of the petitioner and quantity of contraband, rigors of Section 37 Cr.P.C. are not to be applied to the petitioner.

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 on merits of the case, however, taking into consideration parameters and factors relevant for adjudication of bail application, petitioner may be enlarged on bail.

Accordingly, petitioner is ordered to be enlarged on bail on furnishing personal bond in the sum of Rs. 1,00,000/- 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 ensure presence of the 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/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or during trial;

(viii) he shall not leave India without permission of the Court.

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, enlarged on bail, as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any conditions 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.

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 18.03.2013.

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.

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

The petition stands disposed of in the aforesaid terms.