Krishan Kumar vs State of Himachal Pradesh.

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. 14 of 2014, dated 12.03.2014, under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the ND&PS Act"), registered at Police Station Rohru, District Shimla, H.P.

As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

Police report stands filed. As per the prosecution, on 12.03.2014 the petitioner was apprehended with 220 grams of charas, so a case was registered against him under Section 20 of the ND&PS Act. Accordingly, challan was presented in the learned Trial Court on 03.07.2014, however, the petitioner absconded and ultimately declared as proclaimed offender. On 15.07.2015, the petitioner, due to his rash and negligent driving, caused an accident and eight persons were injured in it. Thereafter, the petitioner fled away and he was apprehended on 03.01.2017 and he divulged that a case under ND&PS Act and another case under Sections 279 and 337 IPC are pending against him and he is a proclaimed offender. On 04.01.2017 another case was registered against the petitioner under Section 174A IPC. As per the prosecution, the petitioner is a habitual offender and there is likelihood that he may tamper with the prosecution evidence and flee from justice. As per the police report, the petitioner is involved in sale-purchase of charas and he is spoiling the society. Lastly, the prosecution has prayed that the bail application of the petitioner be dismissed.

Heard. The learned counsel for the petitioner has argued that the petitioner is innocent and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that the petitioner is resident of the place. Conversely, the Law Officer, has argued that taking into consideration the fact that the petitioner is a proclaimed offender and he is also required in another case registered under Sections 279 and 337 IPC and also the fact that he is dealing in sale-purchase of charas and he spoiling the society, the application of the petitioner may be dismissed.

I have gone through the rival contentions of the parties and the police report in detail.

At this stage taking into consideration the facts that the petitioner is resident of the place and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and also the fact that he is behind the bars for the last more than eleven months and no fruitful purpose will be served by keeping in petitioner behind the bars for an unlimited period, 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 present petition is allowed and it is ordered that the petitioner, who has been arrested by the police of Police Station Rohru, District Shimla, H.P., in connection with FIR No. 14 of 2014, dated 12.03.2014, under Section 20 of the ND&PS Act, registered at Police Station Rohru, District Shimla, H.P., he shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of `20,000/- (rupees twenty thousand) with one surety in the like amount to the satisfaction of learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court 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.