Pardeep Kumar vs State Of H.P

Vivek Singh Thakur, J

Petitioner herein is an accused in case FIR No. 19 of 2020, dated 28.01.2020 registered under Section 15 of Narcotic Drugs and Psychotropic

Substances Act, (hereinafter in short “ND&PSâ€) in Police Station Paonta Sahib, District Sirmaur for having been found in possession of 18.968

Kg. Poppystraw recovered from his house during raid conducted on the basis of secret information on 28.1.2020.

Petitioner remained in police custody till 31st January, 2020 and since then, he is in judicial custody. Age of petitioner is 20 years. The quantity of

contraband, alleged to have been recovered from petitioner, is more than prescribed small quantity of 1 Kg, but, less than commercial quantity of 50

Kg. As per status report, petitioner had disclosed to the police that he himself is habitual of consuming poppy straw.

Petitioner is behind the bars for the last more than 11 months and case in trial Court is at the stage of consideration on charge and is fixed for

26.3.2021.

4 Earlier petitioner had applied for bail in February, 2020, which was dismissed by Special Judge-II, Sirmaur on 12.2.2020 and rightly so, as at that

time, investigation was at the initial stage. Thereafter, petitioner had approached this Court by filing Cr.MP(M) No. 304 of 2020, which was dismissed

as withdrawn on 31st July, 2020. Now, by way of this petition, petitioner has again approached this Court.

Without going into merits of case, which are yet to be determined by the trial Court, on the basis of evidence led before it, but considering the

quantum of alleged recovered contraband and period of detention and other circumstances, I am of the opinion that at this stage, petitioner may be

enlarged on bail.

Accordingly, 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/Special Judge, Nahan at Sirmaur within three weeks from today, subject to the following conditions:-

(i) That the petitioner shall make himself available during the 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.

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 439 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.