Sunny Kumar vs State Of H.P

Vivek Singh Thakur, J

This petition, filed under Section 439 Cr.P.C., has been preferred by petitioner seeking regular bail in case FIR No. 74 of 2020, dated 16.4.2020, registered under Section 21 of Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as ND&PS Act), in Police Station Sadar Solan, District Solan HP.

2 Petitioner has been arrested on 17th April, 2020 and since then, after remaining in policy custody, he is in judicial custody.

3 Status report stands filed, wherein the manner in which petitioner has been apprehended for having possession of 5.28 grams heroine has been narrated. It is stated in status report that during checking of vehicle, petitioner was found driving a Pick-up No. HP-64A-5996 at 7.30 PM near Deonghat, during nakabandi by police party and when he was intercepted by police party, he had concealed something below the mat on conductor side of vehicle, resulting into creating a doubt and checking of vehicle, whereupon the contraband was recovered in a pouch concealed under the mat on conductor side.

4 It has also been stated that earlier also, petitioner was found in possession of small quantity of chitta, however, in that case, has been enlarged on bail.

5 It has also been stated in status report that during interrogation petitioner has disclosed that he is habitual of consuming chitta (heroine) and he had purchased chitta from an unknown person from Pinjore (Kalka). According to prosecution, call record detail of petitioner was procured and on perusal of call record detail, petitioner was not found in contact of any suspicious person.

6 In present case also, challan has been prepared and presented in Court of learned District and Sessions Judge/Special Judge on 11.6.2020

7 Petitioner had also filed a bail application before learned Special Judge, Solan on 21.4.2020, which was rightly rejected on 22nd April, 2020, keeping in view the fact that it was second occasion when petitioner was found in possession of heroine/chitta and at that time, investigation was at initial stage.

8 At this stage, considering the entire facts and circumstances of the case and the time since when petitioner is behind the bars and also stage of the case, I find that petitioner may be released on bail at this stage.

9 Accordingly, petitioner is ordered to be enlarged on bail in case FIR No. 74 of 2020, referred supra, subject to furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned Special Judge, Solan within two weeks from today, subject to the following conditions:-

(i) That the petitioner shall make himself available during investigation as well as the trial on each and every date 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;

(ii) That he shall not obstruct the smooth progress of the investigation as well as trial;

(iii) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station.

(v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected.

(vi) That petitioner shall not misuse his liberty in any manner.

(vii) In case, petitioner is found to have been involved in repetition of similar offence in future, then his bail in present case shall also liable to be dismissed for which prosecution/ /police would be at liberty to take appropriate steps.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also 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.

Petition stands disposed of. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.

Dasti copy on usual terms.