Narender Singh vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is an accused in case FIR No.123 of 2023, dated 23.04.2023, under Sections 21 and 29 of the Narcotics Drugs and Psychotropic Substances Act (for short “ND&PS” Act) registered at Police Station, Balh, District Mandi, H.P.

Petitioner was taken into custody on 23.4.2023 and is still in judicial custody.

This is a successive bail application preferred by the petitioner for grant of bail under Section 439 Cr.P.C. in the above noted case. His earlier bail application being Cr.MP(M) No.1147 of 2023 was dismissed as withdrawn on 26.5.2023 with liberty to file afresh.

It is contended on behalf of the petitioner that he is innocent and is not involved in any offence. Petitioner is stated to be employed in Indian Army. It is further contended that nothing was recovered from the possession of petitioner as he was riding on the pillion on the motorcycle being ridden by the other co-accused. The recovery was made from the helmet of other co-accused. The petitioner was not having any knowledge in respect of contraband being carried by the co-accused. It is further submitted that petitioner is permanent resident of village Digli, Post Office Hara Bag, Tehsil Jogindernagar, District Mandi, H.P. and there is no likelihood of his fleeing /absconding from the course of justice. The petitioner has further undertaken to abide by all the terms and conditions as may be imposed against him.

On the other hand, learned Additional Advocate General has opposed the prayer for grant of bail to the petitioner on the ground that the allegations against the petitioner are serious. In case such allegations are proved, it may entail severe punishments. An apprehension has also been expressed with respect to the probability of the petitioner absconding from the course of justice.

I have heard learned counsel for the parties and have also gone through the records of the case carefully.

The status report filed on behalf of the respondent reveals that on 22.4.2023 at about 7.15 p.m. police apprehended motorcycle being ridden by one Swastik Sharma with petitioner on the pillion. The police entertained a suspicion and checked the helmet carried by co-accused Swastik Sharma. 17.88 grams of chitta/heroin was recovered. The case was registered and both the occupants of motorcycle including the petitioner were arrested. The investigation is stated to be complete now and report under Section 173 Cr.P.C. stands filed.

The recovery of contraband in the instant case is of intermediate quantity, therefore, the rigors of Section 37 of the ND&PS Act will not be applicable. The petitioner is stated to be serving the Indian Armed Forces. The recovery of contraband is also not effected from the person of the petitioner. Petitioner is permanent resident of village Digli, Post Office Hara Bag, Tehsil Jogindernagar, District Mandi, H.P. There is no criminal antecedent attributed to the petitioner. In such circumstances, it may not be reasonable to infer that petitioner, in case of release on bail, will abscond from the course of justice. The apprehension expressed by learned Additional Advocate General in this behalf is also not substantiated by any tangible material.

The petitioner is already in custody for almost three months. The investigation is complete and challan has been filed. Pre-trial incarceration is not the rule. In the given facts of the case, no fruitful purpose shall be served by detaining the petitioner in custody till conclusion of the trial.

The instant application, though successive in nature, has been filed in changed circumstances. At the time of filing of first application, the investigation was still in progress and now the challan stands filed.

Keeping in view the facts and circumstances of the case, the petition is allowed and the petitioner is ordered to be released on bail in case FIR No.123 of 2023, dated 23.04.2023, under Sections 21 and 29 of the ND&PS Act, registered at Police Station, Balh, District Mandi, H.P., on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned trial Court. This order shall, however, be subject to the following conditions:

i) That the petitioner shall not indulge in any criminal activity and in the event of breach of this condition, the bail granted to the petitioner in this case, shall automatically be cancelled.

ii) That the petitioner shall not leave the territory of India without express leave of Trial Court during the Trial.

iii). That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and shall not tamper with the prosecution evidence.

iv) That the petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion.

Any observation made in this order shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.