Surinder Kumar vs State Of H.P

Vivek Singh Thakur, J

Status report stands filed, wherein it is stated that on 10.04.2020, Special Investigating Unit, Mandi has found cultivation of opium in two fields

which was sown along-with crop of green peas and spinach and when the police officials had approached the persons residing in the adjacent house,

petitioner had come out from that house and in his presence, Patwari was also called. According to the report, about 1498 plants of opium were found

on the spot which were uprooted, out of which 20 plants were taken in possession as sample. It is case of the prosecution that during summarily

interrogation of Patwari, on the basis of revenue record, he disclosed that petitioner being one of the owners of the fields, is also having share in two

fields, wherein cultivation of opium was found by the SIT. In the aforesaid facts and circumstances, case has been registered against the petitioner.

Considering the entire facts and circumstances and the material placed before me in the status report, I am of the opinion that the petitioner is

entitled for bail at this stage. Accordingly, he is ordered to be enlarged on bail subject to furnishing personal bond in the sum of `50,000/- with one

surety in the like amount to the satisfaction of the learned Special Judge/trial Court, Mandi within two weeks from today and also subject to the

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/her 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 he 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 he shall furnish proof of his place of ordinary residence like certificate of Panchayat or any other authority which may be placed where his

mother, brother or wife are residing and he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his

availability to Police and/or during trial; and

viii) he shall not leave India without permission of the Court.

ix) In case petitioner is again found to have involved in commission of similar offence or any other offence related to supply of drugs, in such

eventuality, his bail in the present case shall be liable to be cancelled, on taking appropriate steps by the prosecution.

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.

In case the petitioner violates any conditions imposed upon him 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.

Learned 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.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of

the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.

Dasti Copy.