Rakesh Kumar vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court seeking regular bail under Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’) in case FIR

No.5 of 2021, dated 11.01.2021, registered in Police Station Damtal, District Kangra, H.P., under Section 21 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’), as he has been arrested on 11.01.2021 for having been found 8.04 grams of

heroin/chitta in his possession.

Status report stands filed, wherein circumstances, in which heroin/chitta was recovered from the petitioner, have been narrated in detail. After his

arrest, petitioner remained in police custody till 13.01.2021 and thereafter, since then, he is in judicial custody.

It is also stated that apart from present case, petitioner has been found involved in commission of similar offences in the year 2005 and 2017 and,

therefore, according to the prosecution, he has been found doing illegal business of drugs since last so many years and, therefore, prayer for rejection

of bail petition has been made, on the ground that petitioner may indulge in repetition of the same nature of offence.

Learned counsel for the petitioner has submitted that petitioner is behind the bars since last about six months and the accusation against him has to

withstand the trial before the Magistrate and further that quantity alleged to have been recovered from the petitioner is slightly higher than the small

quantity of 5 grams which is very nearer to the small quantity. It is also submitted that cases, referred in the previous history of the petitioner, are of

2005 and 2017 and petitioner is not a previous convict but an accused and he should not be convicted without trial by keeping him behind the bars for a

long time as he is ready to furnish surety bonds and to abide by any condition imposed upon him at the time of enlarging him on bail including furnishing

local surety.

Considering principles and factors relevant to be considered at the time of deciding bail application with reference to material placed before me,

including quantum of contraband recovered, period of detention and submissions made on behalf of parties, I am of the considered opinion that at this

stage, petitioner may be enlarged on bail.

Accordingly, petition is allowed and petitioner is ordered to be released on bail in case FIR No.5 of 2021, dated 11. 01.2021, registered in Police

Station Damtal, District Kangra, H.P., on his furnishing personal bond in the sum of `1,00,000/-with two sureties in the like amount, out of which one

surety shall be local as undertaken, to the satisfaction of the trial Court/Special Judge, within four weeks from today, upon such further conditions as

may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure the presence of petitioner/accused at

the time of trial and also subject to following conditions:-

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court 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 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 the petitioner shall not obstruct the smooth progress of the investigation/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 in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by

prosecution;

(viii) that the petitioner shall not leave the territory of India without prior permission; and

(ix) that the petitioner shall inform the Police/Court his contact number and shall keep on informing about change in address and contact number, if

any, in future.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed

necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court 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.

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 18.03.2013.

Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of

the bail application.

Petition is disposed of in aforesaid terms.

Copy dasti.

Petitioner is permitted to produce a copy of this judgment, downloaded from the web- page of the High Court of Himachal Pradesh, before the

authorities concerned, and the said authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High

Court.