Raju Giri vs State Of H.P.

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure Code, the petitioner has prayed for grant of regular bail in FIR No. 12 of 2020, dated 18.02.2020, registered at Police Station Parwanoo, District Solan, HP, under Section 21 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (hereinafter referred to 'NDPS Act' for short).

The case of the prosecution is that on 18.02.2020, Head Constable Ram Krishan No. 97, alongwith a Police Party was on patrol duty and when the Police Party was in the Naryal Jungle on Parwanoo-Kassauli road, at around 6:10 p.m. they found a person sitting alone at the left side of the road and as soon as, said person saw the Police Party, he tried to run away, but on suspicion was apprehended by the Police. Said person threw a transparent ZIP pouch near his feet and on inquiry disclosed his name as Raju Giri. The pouch was checked in the presence of the witnesses and was containing light brown coloured substance, which was later on found to be chitta/heroin, weighing 7.41 grams. Thereafter, Policy Party took necessary steps in consonance with the provisions ND&PS Act, which led to arrest of the petitioner on 18.02.2020 itself.

Learned Counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the case. He further submits that the petitioner is a local resident of village Taksal, Tehsil Kasauli and in the event of grant of bail, he shall abide by all the terms and conditions, which shall be imposed upon him and that he shall not cause any impediment in the course of the trial. Learned Counsel further argued that the investigation in the case is complete and challan already stood filed in the Court of law. He further submitted that otherwise also, no fruitful purpose would be served by detaining the petitioner in custody as, as of now, nothing is to be recovered from/at the instance of the petitioner.

On the other hand, learned Additional Advocate General while opposing the bail petiton, submitted that taking into consideration the gravity of the offence alleged against the petitioner, it will not be in the interest of justice to release him on bail because there is each and every possibility that the petitioner, if released on bail, may hamper the course of trial by trying to influence and win over the witnesses.

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

The petitioner is in custody since 18.02.2020 and presently he is in judicial custody. It is not in dispute that investigation in the case is now over and challan has already been filed in the Court of law. As of now, no recovery etc. is to be effected at the instance of the petitioner. The narcotic substance allegedly recovered from the petitioner otherwise also falls in intermediate quantity category. In these circumstances, in my considered view, no purpose is going to be served by keeping the petitioner in custody because the petitioner is not having any previous history with regard to commission of similar type of offences. As far as the apprehension raised by learned Additional Advocate General that the petitioner, on release, may try to win over and influence the witnesses is concerned, this Court observes that it will be open to the State to approach the Court for cancellation of the bail in case the petitioner indulges in any such like act.

Accordingly, this bail petition is allowed and the petitioner is ordered to be released on bail in FIR No. 12 of 2020, dated 18.02.2020, registered at Police Station Parwanoo, District Solan, HP. under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on his furnishing personal bail bond to the tune of `1,00,000/-with one surety in the like amount to the satisfaction of learned Trial Court 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 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 this Country.

It is clarified that the 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.

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