Jai Nand vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner seeks interim bail in FIR No.15/2021, dated 19.02.2021, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Gohar, District Mandi, H.P.

Respondent has filed the status report.

The bail petition was originally filed on ground of the medical condition of the daughter of the petitioner. It was submitted that petitioner’s daughter Ms. Jhansi Devi @ Divya, aged 21 years, had met with an unfortunate accident at Dhanotu, Tehsil Sundernagar, District Mandi. She had suffered multiple grievous injuries in the accident. She was brought to Lal Bahadur Shastri Government Medical College & Hospital, Ner Chowk, from where Doctors referred her to Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh. On that account, the petitioner had prayed for grant of interim bail.

Today, when the matter was taken up, learned counsel for the petitioner informed that petitioner’s son namely Sh. Nok Singh, was buried alive in the landslide at his native place today (23.08.2023). That he is feared dead. Learned Deputy Advocate General has affirmed the veracity of the original ground for the grant of interim bail taken up by the petitioner. The status report has confirmed that petitioner’s daughter-Ms. Jhansi is under treatment at PGIMER, Chandigarh. Learned Deputy Advocate General, on the basis of instructions, submits that it is a fact that petitioner’s son Sh. Nok Singh was buried alive in today’s landslide at Gohar, District Mandi and is feared dead.

In view of the above, since the petitioner is faced with unfortunate circumstances involving his daughter as well as son, he deserves to be granted interim bail in this hour of unfortunate fate that has fallen upon him. Accordingly, the present petition is allowed. The petitioner is ordered to be released on interim bail in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.50,000/- with one local surety in the like amount to the satisfaction of the Jail Superintendent, District Jail Kaithu, Shimla. Petitioner shall surrender before the concerned Jail Authorities on 04.10.2023 by 4:00 P.M. The bail is being granted subject to the following conditions:-

(i). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(ii). The petitioner will not leave India without prior permission of the Court.

(iii). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer, complainant or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(iv). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail. Any change in the same shall also be communicated promptly. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any, to the Station House Officer.

(v). Petitioner shall surrender himself before the concerned jail authorities on 04.10.2023 by 4:00 P.M.

It is clarified that the interim bail is being granted in the projected facts of the case and will have no bearing on the merits of the matter.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.