Khushal Singh vs State Of H.P

Vivek Singh Thakur, J

Petitioner has approached this Court for bail under Section 438 Criminal Procedure Code (in short Cr.P.C.), in case FIR No.246 of 2019 dated 09.09.2019, registered under the provisions of Sections 8 and 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') in Police Station Kullu District Kullu, H.P.

Status report stands filed, wherein details of the circumstances in which FIR in question has been registered on 9. 09.2019 for finding the crop of cannabis in the fields in ownership and possession of the petitioner. It is stated in the status report that as per report of Patwari, land in question is in joint ownership and possession of various landowners, who have been named in the status report. It is also stated that though Khasra No.1076 min is in joint ownership and possession in the revenue record, however, according to the affidavit, statements of the witnesses and on preliminary inquiry, it has been found that same is in possession of the petitioner and, therefore, case has been registered against petitioner-Khushal Singh only. It is further submitted that investigation in present case is complete and only challan is to be prepared and presented in the Court.

Petitioner has joined investigation and nothing is to be recovered from him.

Considering entire facts and circumstances and the material referred in the status report, placed before me, I am of the opinion that petitioner is entitled for bail at this stage. Accordingly, petitioner is enlarged on bail and interim bail granted on 21. 09.2020 is confirmed, subject to furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court, within two weeks from today, subject to further following conditions:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case 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/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 he 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; and

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

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 as deemed necessary in the facts and circumstances of the case and 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.

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 these petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. Petition stands disposed of in the aforesaid terms.

Registry to transmit a copy of this order to the trial Court through E-mail.

Copy dasti.