Sanjeev Kumar Alias Afridi vs State Of Himachal Pradesh

Anoop Chitkara, J

The matter is taken up through video conference.

The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case

FIR No. 8 of 2020, dated 16.01.2020, under Sections 21, 22, 25 and 29 of the ND&PS Act, registered in Police Station Damtal, District Kangra, H.P.

Mr. Vinod Gupta, learned counsel for the petitioner submits that in paragraph VI(1) of the petition, although the criminal history is mentioned, yet

the quantity and name of the contraband was omitted. He further states on instructions that the contraband involved in that case is diacetylmorphine

(heroin), which was six grams, whereas small quantity is five grams and it is one gram above the small quantity.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of

the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by

sending him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. As per the prosecution story, on 16.01.2020, a police team was on patrol duty. At about 07:00 p.m., when the police team

reached near Senior Secondary School, Mohtali, a motorcycle, having registration No. HP 38AÂ5213, came, qua the same police had a secret tipÂ‐

off. On seeking the police, the motorcyclist, in an attempt to flee, took a slew, but the motorcycle fell and the motorcyclist and pillion rider fell. In the

interregnum, a Fortuner car came on the spot. The police as the both the motorcyclist and pillion rider, as to why they were trying to flee, but they

seemed baffled.

Thereafter, in presence of independent witnesses and Tehsildar, personal search of accused Surinder Kumar was conducted and a transparent packet

was recovered from his pocket, which contained some brownish powder. The recovered powder was heroin and on weighment it was found to be

6.85 grams. The personal search of pillon rider, Yuvraj (petitioner herein) was also conduct and from his jacket a carry bag was recovered, which

was stuffed with some whitish powder substance and capsules Parvorin Spas and Tramadol Hydrochaloried Diclofanac Sotium etc.. On weighment

capsules were found to be 64.92 grams and in total 100 capsules were recovered. Whitish substance, which was heroin, on weighment was found to

be 72.81 grams. Thereafter, the police completed all the codal formalities. Police prepared the spot map and recorded the statements of the witnesses.

Scientific samples were separated for forensic analysis. As per the police, the petitioner is very clever person and five more cases under different

Sections of Indian Penal Code are pending against him. On 13.03.2020, after completion of investigation, challan stands presented in the learned Trial

Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence. The

petitioner, at this stage, in case enlarged on bail, may tamper with the prosecution evidence and may also flee from justice, so the bail application may

be dismissed.

Mr. Suresh Chand Sharma, learned Senior Additional Advocate General has opposed the bail application on the grounds that the petitioner is a

habitual offender and he was arrested on 16.1.2020.

I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the

police report, carefully.

The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the

petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He

has argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when nothing remains to

be recovered at the instance of the petitioner, investigation is complete, challan stands presented in the learned Trial Court, the fact that the custody of

the petitioner is not at all required by the police for further investigation, so the bail application may be allowed and the petitioner be enlarged on bail.

Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence. He has further argued

that the five more cases under different Sections of IPC have been registered against the petitioner. There is anger in the society against the

petitioner, so in case the petitioner is enlarged on bail, at this stage, he may flee from justice or may tamper with the prosecution evidence. He has

prayed that the bail application of the petitioner be dismissed.

In rebuttal the learned Counsel for the petitioner has argued that nothing remains to be recovered at the instance of the petitioner, custody of the

petitioner is not at all required by the police for further investigation, the petitioner cannot be kept behind the bars for an unlimited period, so the

application be allowed and the petitioner be enlarged on bail.

At this stage, considering the quantity of contraband allegedly recovered from the petitioner, the fact that the petitioner is permanent resident of

the place, thus neither in a position to flee from justice, nor in a position to tamper with the prosecution evidence, investigation is complete and challan

stands presented in the learned Trial Court, considering the fact that the petitioner is behind the bars for the last more than nine months and cannot be

kept behind the bars for an unlimited period, the petitioner is ready and willing to abide by the terms and conditions of bail, in case granted, considering

the overall material, which has come on record, and without discussing the same at this stage, this Court finds that the present is a fit case where the

judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the

petitioner, who has been arrested by the police in case FIR No. 8 of 2020, dated 16.01.2020, under Sections 21, 22 and 25 of the ND&PS Act,

registered in Police Station Indora, District Kangra, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the

sum of Rs.50,000/Â (rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject

to the following conditions:

(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.

(ii) That the petitioner will not leave India without prior permission of the Court.

(iii) That the petitioner will 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 the Investigating Officer or Court.

In view of the above, the petition is disposed of. Copy dasti.