Neeraj Kumar And Others vs State Of H.P

Vivek Singh Thakur, J

Petitioners herein have been apprehended and arrested, on 17.8.2020, for having been found in possession of 7.6 grams heroin, during checking of

ALTO Car No.HP-01K-3818, being driven by petitioner Chiranji Lal, who was accompanied by petitioner Neeraj Kumar sitting on front seat. Since

then they are in custody.

As per Status Report, a small packet had fallen from the documents of the vehicle when these documents were being taken out by petitioner Neeraj

Kumar for verification and checking by the police party and on checking and verification of powder contained in the said small packet, it was found to

be about 8 grams heroin.

It is case of prosecution that the recovered contraband was sent for chemical analysis to the State Forensic Science Laboratory (SFSL), where it

was verified and found to be 7.6 grams Diacetyl morphine (Heroin).

I has been submitted by the learned counsel for the petitioners that the contraband alleged to have been recovered from the vehicle, occupied by the

petitioners, is of intermediate quantity, which is nearer to the small quantity and further that guilt of the petitioners is yet to be established by the Court

and that the petitioners are behind the bars since 17.8.2020 and the investigation, in the present case, is complete and now nothing is to be recovered

from the petitioners and also the challan has been presented in the Court in September, 2020, which is pending consideration with Special Judge,

Mandi. under Section 188 IPC; and FIR No.57/2014, dated 19.6.2014, under Sections 279, 337 IPC and Section 184 of Motor Vehicles Act, have

been found registered against petitioner Chiranji Lal; and two cases, i.e. FIR No.41/12, dated 23.4.2012, under Sections 143, 147, 149, 323, 324, 506 &

307 IPC; and FIR No.149/2011, dated 2.9.2011, under Sections 143, 147, 149, 323 & 506 IPC, have been found registered against petitioner Neeraj

Kumar, in Police Station Dharampur, District Solan.

In response, learned counsel for the petitioners has submitted that none of the above cases are under the NDPS Act and the petitioners have not

been found involved in the commission of similar kind of offences at any point of time.

Without commenting upon the rival contentions of the parties and considering the entire facts and circumstances of the case, at this stage, I find that

the petitioners may be enlarged on bail.

Accordingly, petitioners are ordered to be released on bail on their furnishing personal bonds each in the sum of Rs.50,000/- with one surety each in

the like amount to the satisfaction of the trial Court, within two weeks from today and also subject to the following conditions:

(i) That the petitioners shall make themselves available during investigation, as well as the trial on each and every date as and when required, as per

law;

(ii) that the petitioners 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. She shall not, in any manner, try to

overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioners shall not obstruct the smooth progress of the trial;

(iv) that the petitioners shall not commit the offence similar to the offence of which they are accused or suspected;

(v) that the petitioners shall not misuse their liberty in any manner;

(vi) that the petitioners shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for her availability to Police and/or

during trial.

(viii) The petitioners shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the accused-petitioner as deemed

necessary in the facts and circumstances of the case and in the interest of justice. It shall also be open to the trial Court to impose any other condition,

as deemed fit, upon the petitioner, independent of prayer of prosecution.

In case the petitioner violates any or the conditions imposed upon her, her 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.

Learned 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 hereinabove shall not affect the merits of the case in any manner and are strictly confined for the disposal of the present bail

application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of

the order, however, they may verify the order from the High Court website or otherwise.

Present petition stands disposed of.

Copy dasti.