Prem Raj vs State Of H.P.

Vivek Singh Thakur, J

This petition has been filed by the petitioner, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), for grant of regular bail in case FIR No.42/2018, dated 3.8.2018, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station, Nankhari, District Shimla, Himachal Pradesh.

Status report has been filed by the State, wherein it is stated that petitioner Prem Raj had also approached this Court in the year 2019 by filing an application for bail, being CRMPM No.2129/2019, which was dismissed on 28.11.2019, as at that time it was found by the Court from the material available on record that statement of accused under Section 313 Cr.P.C. was recorded on 1.11.2019 and the case was listed for leading defence evidence on 14.11.2019, on which date no defence witness was present and the case was adjourned for 12.12.2019, on the request of the accused for leading evidence in his defence. Now, trial is almost complete and arguments are to be addressed by the parties. However, due to the Lockdown, on account of CORONA Virus epidemic, regular hearing of case is not taking place and, thus, the case has been fixed on 28.6.2020 for proper orders.

Prosecution case is that the petitioner was found in possession of Charas, weighing 107 grams. Learned counsel for the petitioner, referring Section 436 Cr.P.C., has submitted that the petitioner is behind the bars since August, 2018, i.e. for a period of 1 year 9 months, whereas for intermediate quantity of Charas, i.e. more than 100 grams upto 1000 grams, maximum sentence is of ten years and keeping in view the quantity alleged to have been recovered from the petitioner, i.e. 107 grams, which is slightly more than small quantity, for which sentence of upto one year has been provided, petitioner deserves to be enlarged on bail. There is change in circumstances since 28.11.2019, as explained herein above and resumption of regular Court work is also uncertain.

Considering the entire material before me, more particularly the submissions made by the learned counsel for the petitioner, I am of the opinion that it is a fit case where the petitioner may be enlarged on bail. Accordingly, the petitioner is ordered to be released on bail on his furnishing personal bond in the sum of `40,000/- with one surety in the like amount to the satisfaction of the Sessions Judge/

Additional Sessions Judge/Special Judge, Kinnaur at Rampur

Bushehr, and also subject to the following further conditions:

(i) That the petitioner shall make himself available to the Court/Police in the present case 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 him/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 trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner 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 his availability to Police and/or during trial.

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.

In case the petitioner violates any or the conditions 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.

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.

Present petition stands disposed of.

The Court, for consideration of acceptance of bail bonds to be furnished by the petitioner, shall not insist for certified copy of the order and can verify the same from the High Court Website and from the Registry before accepting the bail bonds to be furnished by the petitioner. Petitioner is at liberty to produce the downloaded copy of the order from the High Court Website.