Khekh Ram vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case

FIR No. 144 of 2020, dated 14.09.2020, under Sections 20, 25 and 29 of the ND&PS Act, registered at Police Station Palampur, District Kangra, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to

tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of District Kullu, H.P. No fruitful purpose will

be served by keeping him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. As per the prosecution story, on 14.09.2020, at about 01:50 p.m. a police team was present at Holta Main Road, where

the police got a secret tipÂoff one Khekh Ram (petitioner herein) accompanied by some woman has come to the area in vehicle, bearing registration

No. HP34B 8583. The police was further informed that the petitioner and the above woman intend to sell charas. Around 02:10 p.m. police spotted

the above said vehicle parked near Holta Pantehar Patti Road. There were two occupants in the vehicle, one male and a female, who, on seeing

police turned perplex. On being inquired, the man sitting in the vehicle divulged his name as Khekh Ram (petitioner) and the woman disclosed her

name as Purva (coÂaccused). Police associated independent witnesses and in their presence conducted the search of the vehicle. Police during the

search of the vehicle recovered two polythene packets from the dashboard of the car and the said packets contained round shaped stuff, which was

charas. On weighment, the recovered contraband was found to be 560 grams. Thereafter, the police completed all the codal formalities. Police seized

the vehicle alongwith its documents and key. Both the petitioner and the coÂaccused were arrested and medically examined. Police recorded the

statements of the witnesses and also prepared the spot map. During the course of investigation, it was unearthed that the petitioner purchased the

contraband from an unknown Nepali person at Malana and he alongwith coÂaccused wanted to sell the same in the area of Mecklod Gunj,

Dharamshala.

The recovered contraband was sent for forensic examination and the forensic examination report reveals that the recovered material is the extract of

cannabis and thus sample of charas. It has further come in the police investigation, that many more cases are pending against the petitioner and some

of them are under the ND&PS Act, so the petitioner is a habitual offender. As per the police, investigation is complete and on 10.11.2020 challan

stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found

involved in a serious offence, there is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice or tamper with the

prosecution witnesses, as the petitioner is a habitual offender, so the bail application of the petitioner be dismissed.

I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the

police report, carefully.

The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the

petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of District

Kullu. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when

investigation is complete, challan stands presented in the learned Trial Court and also considering the fact that the custody of the petitioner is not at all

required by the police, so the bail application may be allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate

General has argued that the petitioner was found involved in a serious offence. He has further argued that in case the petitioner is enlarged on bail, at

this stage, he may flee from justice or may tamper with the prosecution evidence, as he is habitual offender and many more cases are pending against

him and some of them are under the ND&PS Act. He has prayed that the bail application of the petitioner be dismissed.

In rebuttal the learned Counsel for the petitioner has argued that the petitioner is behind the bars for the last about nine months and cannot be kept

behind the bars for an unlimited period, especially when investigation is complete, challan stands presented in the learned Trial Court and the fact that

the custody of the petitioner is not at all required by the police, so the application be allowed and the petitioner be enlarged on bail.

At this stage, considering the facts that the petitioner is permanent resident of the District Kullu, H.P. and thus neither in a position to tamper with

the prosecution evidence nor in a position to flee from justice, the investigation in the matter is complete, even chalan stands presented in the learned

Trial Court, custody of the petitioner is not at all required by the police, also considering the facts that the petitioner is ready and willing to abide by the

terms and conditions of bail, in case granted and also the overall facts and circumstances of the case and without discussing them elaborately, at this

stage, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour.

Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police in case FIR No. 144 of 2020, dated

14.09.2020, under Sections 20, 25 and 29 of the ND&PS Act, registered at Police Station Palampur, District Kangra, H.P., shall be released on bail

forthwith in this case, subject to his furnishing personal bond in the sum of  Rs.50,000/ (rupees fifty thousand) with one surety in the like amount to

the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:

(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.

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

(iii) That the petitioner will 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 the Investigating Officer or Court.

In view of the above, the petition is disposed of.

Copy dasti.