Rajesh Kumar vs State OF Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure Code (hereinafter referred to ‘Cr.P.C.’ for short),

petitioner has prayed for grant of regular bail in FIR No. 10 of 2020, dated 23.01.2020, registered at Police Station Sadar Solan, District Solan, HP,

under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to ‘ND&PS’ for short).

The case of the State is that on 23.01.2020, the Police party was on patrolling duty and when said police party was on its way to the Police Post

from Jauna Ji road, they noticed a person near Gate No. 2, Shaktinagar, who was carrying a bag in his right hand and was coming towards Shilli side.

As soon as he saw the police party, he became perplexed and made an attempt to run away, however, on suspicion, he was nabbed. Thereafter, an

endeavour was made by the police to join independent witnesses. As it could not be done on account of late night hours, appropriate action was taken

in terms of the provisions of the ND & PS Act. In the course of search, 372 grams of ‘charas’ was recovered from the conscious possession

of the petitioner, which led to his arrest.

Learned Counsel for the petitioner has argued that the petitioner is innocent and he has been falsely implicated in the matter. He has further

submitted that the petitioner is in custody since 23.01.2020. Challan already stands filed in the Court in the month of March, 2020, which means that

the petitioner is no more required for the purpose of investigation, and in these circumstances, he stated that as the quantity of the contraband allegedly

recovered from the petitioner is intermediate/less than commercial, the petitioner be released on bail on terms and conditions, which the Court deems

appropriate, which shall be abided to by the petitioner.

Learned Additional Advocate General has opposed the bail petition inter alia on the ground that release of the petitioner at this stage may adversely

affect the trial as there is each and every possibility that the petitioner, upon release on bail, may try to influence and win over the witnesses so as to

prejudice the outcome of the trial. He has further argued that taking into consideration the gravity of the offence alleged against the petitioner, this

petition be dismissed.

I have heard learned Counsel for the petitioner as well as learned Additional Advocate General and gone through the status report filed as well as

other documents appended therewith.

It is not in dispute that the petitioner is in custody since 23.01.2020 and purportedly 372 grams of ‘charas’ was recovered from his conscious

possession. On a query of the Court, learned Additional Advocate General has informed the Court that the petitioner has no previous criminal history

and it is a matter of record that the challan has also been filed in the Court on 19.03.2020. The petitioner, as has been stated at bar, is otherwise also a

permanent resident of State of Himachal Pradesh. In these circumstances, in my considered view, now no purpose is going to be served by keeping

him in custody as the factum of his being guilty or not is yet to be adjudicated upon by the learned Trial Court. Apprehension of the State that, if

released on bail, the petitioner may again indulge in similar activities or tamper with the prosecution evidence, shall be taken care of by imposing

stringent conditions upon him.

Accordingly, this bail petition is allowed and the petitioner is ordered to be released on bail in FIR No.10 of 2020, dated 23.01.2020, registered at

Police Station Sadar Solan, District Solan, under Section 20 of the ND&PS Act, on his furnishing personal bail bond to the tune of 1,00,000/-with one

surety in the like amount to the satisfaction of the learned CJM/ACJM/JMIC, Solan, within a period of two weeks from today, subject to the following

conditions:-

i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance

by filing appropriate application;

ii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

iii) He shall not 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 Court or the Police Officer; and

iv) He shall not leave the territory of India without prior permission of the Court.

It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present

bail application and learned trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of this petition during

the trial of the case. It is further clarified that in case the petitioner does not complies with the conditions which have been imposed upon him while

granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above

terms.

Copy dasti.