Pankaj Kalta vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

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. 20 of 2020, dated 13.02.2020, under Sections 20 and 29 of the ND&PS Act, registered in Police Station Sadar Solan, District Solan, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is permanent

resident of District Shimla and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose

will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. As per the prosecution story, on 13.02.2020 a police team was on patrol duty at Solan in civil clothes. At about 12.40

a.m., in the night, at Saproon police spotted a pickup and the inside lights of the vehicle were lit. There were three occupants in the vehicle and when

they were asked why in the mid night they are sitting in the vehicle, they got baffled. On suspicion, police inquired about their whereabouts and the

occupants disclosed their names. The petitioner disclosed his name as Pankaj Kalta. Police tried to associate independent witnesses, but due to late

night hours no one could be associated. Thereafter, the police conducted search of the vehicle and found a bag of one of the persons. The said bag

contained some stick shaped substance, which was charas. On weighment, the contraband was found to be 712 grams. Thereafter, the police

completed all the codal formalities. The vehicle alongwith its documents was seized. A case was registered under the apt Sections of ND&PS Act.

Statements of the witnesses were recorded and contraband was sent for chemical analysis. Accused persons, including the petitioner, were arrested.

During the course of investigation, the accused persons divulged that they purchased the charas from some unknown nepali person. Lastly, it is prayed

that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this

stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.

I have heard the learned Senior Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records,

including the police report, carefully.

The learned Senior Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued

that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of

District Shimla. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period,

especially when his custody is not at all required by the police, so the petition may be allowed and the petitioner may be enlarged on bail. Conversely,

the learned Additional Advocate General has argued that the petitioner has committed a serious crime. He has further argued that in case he is

enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner

may be dismissed.

In rebuttal the learned Senior Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period,

especially when investigation is complete, nothing is to be recovered at the instance of the police and in the wake of the fact that custody of the

petitioner is not at all required by the police, so the petition be allowed and the petitioner be enlarged on bail.

At this stage, considering the age of the petitioner, who is only 25 years of age, he is permanent resident of District Shimla and thus neither in a

position to tamper with the prosecution evidence nor in a position to flee from justice, the fact that contraband is allegedly recovered from the bag of

another accused, now the custody of the petitioner is not at all required by the police, the petitioner is ready and willing to abide by the terms and

conditions of bail, in case so granted, and also the fact that the petitioner cannot be kept behind the bars for an unlimited period, so 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 petition is

allowed and it is ordered that the petitioner, who has been arrested by the police in case FIR No. 20 of 2020, dated 13.02.2020, under Sections 20 and

29 of the ND&PS Act, registered in Police Station Sadar Solan, District Solan, H.P., shall be released on bail forthwith in this case, subject to his

furnishing personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of the learned

Trial Court. The bail is granted subject to the following conditions:

(i) That the petitioner will appear before the learned Trial Court/Police/authorities 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.