Om Chand vs State Of H.P

Vivek Singh Thakur, J

Present petition has been filed under Section 438 Cr.P.C. seeking bail in case FIR No. 159 of 2020, dated 31.10.2020 registered under Sections 20

and 29 of Narcotic Drugs and Psychotropic Substances Act, (hereinafter in short “ND&PSâ€​) in Police Station Talai, District Bilaspur.

2 Status report stands filed wherein it is stated that main accused Raj Kamal stands released on bail by District and Sessions Judge, Ghumarwin vide

order dated 22.11.2020 and after disclosure of name of petitioner as a seller of drugs recovered from main accused, he was not traceable, however,

after getting anticipatory bail from this Court, he has joined the investigation and Rs.15,000/- and his mobile phone have been recovered and further

that nothing is to be recovered from him and it is also submitted by Investigating Officer, present in Court, that his custodial interrogation is not

required.

3 Considering the status report filed and submissions made by Investigating Officer, present in Court, the petitioner is ordered to be released on bail,

subject to his 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 three

weeks from today, subject to the following conditions:-

(i) That the petitioner shall make himself available during the investigation as well as trial on each and every date 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 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 as well as trial;

(iv) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in

advance, to concerned Police Station;

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is

suspected;

(vi) In the event of repetition of commission of offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by

prosecution/police;

(vii) That the petitioner shall not leave India without prior permission of Court;

(viii) That petitioner shall not misuse his liberty in any manner.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and

circumstances of the case and in the interest of justice. It will also be open to the trial Court/Magistrate to impose any other or further condition on the

petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any condition 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.

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 18.3.2013.

7 Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application

filed under Section 438 of Code of Criminal Procedure 1973.

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.

Petition stands disposed of.

Dasti copy on usual terms.