Ishwar Singh vs State Of H.P

Vivek Singh Thakur, J

Present petition has been filed under Section 439 Cr.P.C. by the petitioner for enlarging him on regular bail in case FIR No. 63 of 2020 registered in

Police Station Dharampur, District Solan under Sections 21 and 29 of ND&PS Act.

Status report stands filed.

It is the case of prosecution that on 23.5.2020, police party had intercepted a truck No. HP-92-5661 coming from Parwanoo side towards Solan

being driven by petitioner Ishwar Singh with a passenger Resham Singh on conductor side of truck. During checking of vehicle, it was found that

person sitting on conductor seat, had put off his shoes and socks and on checking his socks, a transparent polythene envelope was found and in this

packet, there was one more transparent packet closed with tape. On opening the said packet, brown coloured substance was found therein and on the

basis of experience and on showing it to witnesses, it was found chita/heroine.

The recovered substance, on weighing, was found 22.48 grams, which is an intermediate quantity. On the basis of aforesaid recovery, case was

registered against both occupants of vehicle under Sections 21 and 29 of NDPS Act and they were arrested during investigation.

It is also stated in status report that on verification, it has been found that an FIR No. 177 of 2018 dated 15.12.2018 under Section 21 of NDPS Act

has been found to have been registered against co-accused Resham Singh in P.S. Rampur, wherein trial is pending in Court, whereas no case has

been found to have been registered against petitioner Ishwar Singh. It is also reported in status report that during investigation, it has been found that

petitioner Ishwar Singh is a driver by occupation and is habitual of consuming heroine.

From the contents of status report, it can be easily visualized that petitioner Ishwar Singh has been arrayed as co-accused on the basis of recovery

from co-accused Resham Singh, who was travelling in the truck being driven by petitioner. Proper link so as to inviting the liability to carry the

recovered substance in truck is to be established by prosecution during trial and case of petitioner is altogether different than the case of co-accused

Resham Singh from whose socks contraband has been recovered and who has also been found to be involved in another case under NDPS Act in

recent past.

Considering the entire facts and circumstances, the case for enlarging the petitioner on bail has been made out at this stage and in my opinion it is a

fit case where no fruitful purpose is going to be served by keeping the petitioner behind the bars during pendency of trial and accordingly, he is ordered

to be enlarged on bail in present case, subject to furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount to the

satisfaction of the trial Court within two weeks from today, subject to the following conditions:-

(i). That the petitioner shall make himself available before the trial Court on each and every date as and when required;

(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 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;

(ii). That he shall not obstruct the smooth progress of the trial;

(iii). That he 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 P.S. Dharampur, District Solan.

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

8.. 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 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 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.

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. Petition stands disposed of.

Petition stands disposed of. 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.

Registry to transmit the copy of this Court to the trial Court through e-mail.