Rekha Devi vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Present petition has been filed seeking interim bail in case FIR No. 231 of 2020 dated 1.10.2020, registered in Police Station Solan, District Solan,

HP.,under Sections 21 of the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) on the ground that mother of the petitioner was

tested Covid Positive on 13.5.2021 and since then she is under treatment, and though she has been tested negative on 18.6.2021, however, as per

observations made by Doctor, the virus has affected her lungs badly and her condition is deteriorating day by day. To substantiate the plea of the

petitioner, photocopies of test reports and opinion of Doctor have been placed on record Annexures P-1 to P-3.

It is further stated on behalf of the petitioner that for serious ailment of mother of the petitioner, she is not able to visit the jail to meet her son and

therefore, there is no other option with the petitioner to seek interim bail to visit her mother before any mis-happening.

Status report stands filed, wherein complete detailed of the circumstances in which petitioner has been apprehended on 1.10.2020 with psychotropic

substance has been narrated in detail but there is no comment with respect to the documents filed by the petitioner and the prayer made by him for

enlarging him on interim bail on account of ailment of his mother.

It is submitted by learned counsel for the petitioner that petitioner is resident of Solan and his mother is also residing at Solan and presently he is

lodged in Sub Jail Solan. Further that petitioner is ready to furnish personal and surety bonds as per direction of the Court in case he is enlarged on

interim bail enabling him to meet his seriously ailing mother.

Considering the facts and circumstances of the case placed before me, petitioner is directed to be enlarged on bail on 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, from the date of furnishing bail bonds to 19.07.2021,

undertaking therein that he shall surrender before the Jail Superintendent, District Jail, Solan HP on or before 19.07.2021 before 2.p.m. and also

subject to the following conditions:

That petitioner shall not visit any other place during his interim bail except place of residence of his mother in Solan, District Solan, H.P., and any

other place where necessary to visit in connection with ailment of his mother;

That the petitioner shall not misuse or jump over the bail and also shall not leave the State of Himachal Pradesh without prior permission of the

Court;

That the petitioner shall not tamper with the prosecution evidence or, in any manner, try to overawe or influence the prosecution witnesses; and

That misuse of bail or violation of any of the conditions imposed shall dis-entitle the petitioner to continue on bail.

That petitioner shall surrender before the Jail Superintendent, District Jail, Solan, H.P. on 19.07.2021 before 2.00 p.m.

SHO Police Station Sadar, District Solan, H.P., is directed to verify the fact of surrender of the petitioner and in case petitioner does not surrender,

to take appropriate action.

Petition is disposed of in aforesaid terms.

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.