Jitender Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

For possessing 14.43 grams of heroin, petitioner is in judicial custody, as an accused in FIR No.448/21, dated 23.11.2021, registered under Sections

21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the ‘Act’ hereinafter) at Police Station Sadar, Una, District Una H.P.

Petitioner was arrested on 23.11.2021 and seeks enlargement on bail by means of instant petition filed under Section 439 of the Code of Criminal

Procedure.

I have heard learned counsel for the parties and gone through the status report.

The prosecution case is that police party of Special Investigating Unit while patrolling the area under its jurisdiction on 23.11.2021 received a secret

information at around 4.30 p.m. that the bail petitioner and his accomplice Vishal Chandel are actively indulging in sale/purchase of drugs. The

information was to the effect that both of them had gone towards Kalsehra (Punjab) on the motor-cycle described in the information for securing the

contraband. The information was reliable whereafter procedure in accordance with law was complied with. The police party intercepted the motor-

cycle in question coming from Kalsehra side which was being driven by the petitioner. Accused Vishal Chandel was pillion rider on the same. The box

held by Vishal Chandel was searched. 14.43 grams of heroin was recovered from this box. The recovery led to the registration of the aforesaid FIR

and arrest of both the accused persons.

Learned counsel for the petitioner submitted that co- accused Vishal Chandel has been enlarged on default bail by the learned Special Judge (II)

Una, District Una, H.P. on 28.1.2022. Learned Counsel further submitted that the petitioner is also entitled to be enlarged on bail on the ground of

parity. It was also submitted that investigation in the matter is complete. The challan stands presented before the Court of competent jurisdiction on

24.1.2022. Learned counsel further submitted that the petitioner will abide by all the conditions, which may be imposed upon him in case of grant of

bail and that he will not influence the prosecution witnesses or tamper with the prosecution evidence in any manner. Learned Additional Advocate

General, while opposing the bail petition, submitted that in case the Court is inclined to grant bail to the petitioner, then stringent conditions may be

imposed upon him.

According to the status report, the quantity of the contraband allegedly recovered in the FIR in question falls in intermediate category. Co-accused

Vishal Chandel has already been released on default bail vide order dated 28.1.2022. The status report does not reflect any criminal history of the

petitioner. From the perusal of the status report, it appears that the investigation in the matter is complete and challan stands presented before the

Court of competent jurisdiction on 24.1.2022. Considering all these aspects and also the fact that the petitioner is behind the bars w.e.f. 23.11.2021

and trial would take considerable time, no fruitful purpose would be served by keeping the bail petitioner behind the bars any further. The petitioner,

aged 29 years is stated to be a local resident of Tehsil and District Una, Himachal Pradesh, therefore, his presence can be secured in the trial. To

ensure that the petitioner does not indulge in similar activities again, a strict condition is being imposed that in case he is found involved in future in any

FIR under the NDPS Act then this bail is liable to be cancelled. Accordingly, the present petition is allowed and petitioner is ordered to be released on

bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of the

learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully

cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law.

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii) . Petitioner will not leave India without prior permission of the Court.

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer 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.

(v). In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in

the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any.

(vii) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his bail is liable to be cancelled. It

is open for the Investigating Agency to move appropriate application in that regard.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an

opinion on the merits of the matter. Learned Trial Court shall decide the matter uninfluenced by any of observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.