Tohid Ali vs State Of H.P

Vivek Singh Thakur, J

Petitioner has approached this Court seeking interim bail in case FIR No. 62 of 2021, dated 31.05.2021 registered in Police Station Pooruwala, District Sirmaur, under Sections 20, 29-61-85 of Narcotic Drugs and Psychotropic Substances Act, (in short ‘NDPS Act’) on the ground that marriage of sister of petitioner is being solemnized from 30th October, 2023 to 2nd November, 2023 and arrival of Barat, Nikah and Ruksati (departure) is scheduled on 2nd November, 2023 on which date main marriage ceremonies are to be performed.

It has been submitted on behalf of petitioner that though the sister of petitioner, whose main ceremony of marriage is scheduled on 2nd November, 2023, is a daughter of his aunt Javeda Begum (Bua), however, the said Javeda Begum is residing in the house of petitioner along with family of the petitioner because of the death of her husband and further that there is no brother of the girl except the petitioner and it has also been certified by the Pradhan of concerned Gram Panchayat that marriage is being solemnized from the house of petitioner and all necessary ceremonies for that purpose, related to the brother, are to be performed by the petitioner only. It has been certified by Pradhan Gram Panchayat that Javeda Begum is residing with family of petitioner.

Fresh status report stands filed wherein the aforesaid facts have been verified from the concerned Police Station.

4 It has been submitted on behalf of the petitioner that petitioner is an under-trial prisoner and he has no other remedy except filing this application for interim bail because neither parole nor any other kind remedy is available to the petitioner for attending the marriage of his sister for performing essential ceremonies as a brother. Further that guilt of petitioner is yet to be proved on conclusion of trial and till then, he is to be considered innocent and therefore, it would be appropriate to enlarge him on temporary bail enabling him to attend the marriage in aforesaid given facts and circumstances.

It has been further submitted on behalf of the petitioner that petitioner is ready to abide by any condition for enlarging him on temporary bail and he is also ready to furnish bail bonds to the satisfaction of Trial Court for enlarging him on bail to assure his presence and also his availability by surrendering after expiry of period of interim bail.

6 Taking into consideration entire facts and circumstances, petitioner is directed to be enlarged on temporary bail from the date of furnishing bail bonds, till 10th November, 2023, on furnishing personal bond in the sum of Rs.1 lac with one surety in the like amount to the satisfaction of Trial Court and also subject to any other condition considered to be proper to be imposed by the Trial Court amongst following conditions:-

He shall surrender before the Jail Superintendent/Incharge of concerned Jail on or before 10th November, 2023 at or before 3 PM, wherefrom he shall be released.

He shall not tamper with evidence in any manner.

3 He shall not visit any of the place except his native village or any other place where his presence is required for performing the marriage ceremonies on account of marriage of his sister;

That petitioner shall not misuse his liberty in any manner.

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;

That the petitioner shall not obstruct the smooth progress of trial;

7 That the petitioner 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;

7 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 and thereupon, it will also be 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.

SHO Police Station Pooruwala, District Sirmaur HP is also directed to verify the fact of surrender by petitioner on 10th November, 2023 and if petitioner fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law.

In case, the petitioner violates any condition imposed upon him, his interim 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.

The 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.

Copy of this order also be transmitted to the concerned Trial Court for information and compliance.

12 Jail Authorities are also directed to report the matter on surrender or failure to surrender on 10th November, 2023 to the trial Court, whereupon, trial Court as well as other concerned officers, in case of failure to surrender, shall take appropriate action against petitioner as well as his surety.

13 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, they may verify the order from the High Court website or otherwise.

Petition stands disposed of.