Sanjeev Kumar vs State Of H.P

Satyen Vaidya, J

By way of instant petition, the petitioner has sought bail under Section 439 of the Code of Criminal Procedure in case registered against him vide

FIR No. 57 of 2021 dated 15.06.2021 at Police Station, Rohroo, District Shimla, H.P. under Section 20 and 29 of Narcotic Drugs Psychotropic

Substances Act (hereinafter referred to as the ‘Act’ in short).

Case of the petitioner is that he is innocent and has been falsely implicated. He has no criminal background. He has undertaken not to jump the bail,

if granted in his favour. Petitioner has further undertaken to abide by all the conditions imposed by this Court while granting bail to him.

On notice, respondent has placed on record status report. As per case of respondent on 15.06.2021, police party apprehended the petitioner along-

with his co-accused Rajneesh near ACC park, Rohroo. On search of the bag carried by his co-accused, charas weighing 896 grams was found. The

petitioner and co-accused Rajneesh were arrested on the same day. Petitioner was initially remanded to police custody which later was converted to

judicial custody. The petitioner is presently stated to be in judicial custody in sub-jail Kaithu, Shimla, H.P.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent-State and have also gone through the

record.

The petitioner is in custody since 15.06.2021. Investigation is already complete and challan is stated to have been prepared.

The petitioner has been found in possession of charas of intermediate quantity. The rigors of Section 37 of NDPS Act shall not be applicable in the

present case. The petitioner is a young boy of merely 23 years of age. His co-accused is also aged about 22 years. The petitioner has no criminal

background and is in career building stage.

The trial against the petitioner is likely to take considerable time before completion. Prolonged incarceration of petitioner is not justified in the facts

and circumstances of this case. The offence is yet to be proved against the petitioner.

The petitioner is permanent resident of village Gosakwari, P.O. Gosaari Tehsil Chirgaon, District Shimla, H.P. and has roots in the society. There is

no likelihood of petitioner fleeing from the course of justice. The petitioner can be put to strict terms while granting him liberty of bail.

In the given circumstances of the case, the application is allowed. The petitioner is ordered to be released on bail in case registered against him vide

FIR No. 57 of 2021 dated 15.06.2021 at Police Station, Rohroo, District Shimla, H.P. under Section 20 and 29 of Narcotic Drugs Psychotropic

Substances Act, on his furnishing personal bond in the sum of Rs.50,000/-with one surety in the like amount to the satisfaction of learned Special

Judge, Shimla. The bail is granted to the petitioner, subject to the following conditions:-

i) Petitioner shall not leave the territory of India without express leave of the trial Court.

ii) Petitioner shall not indulge himself in any other similar case in future and in case the involvement of the petitioner is found in any similar case, this

bail shall stand cancelled automatically.

iii) Petitioner shall not in any manner tamper with the prosecution evidence and also shall not dissuade any person acquainted with the facts of the

case from disclosing the same in the Court.

Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the

matter uninfluenced by any observation made hereinabove.

The petition is disposed of accordingly.

Copy dasti.