Vineet Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is co-accused in FIR No 30/2021, dated 4.3.2021, registered at Police Station, Dehra, District Kangra, under Sections 20 and 29 of the Narcotic Drugs & Psychotropic Substances Act (in short 'NDPS Act'). Through instant petition, he is seeking his enlargement on bail under Section 438 Cr.P.C.

Interim protection was granted to the petitioner vide order dated. 26.3.2021 The case of the prosecution in nut shell is that on 4.3.2021, at around 5:35 P.M., a police party patrolling near Naleti noticed a person carrying a backpack. On seeing the police party, the person started running. Getting suspicious, the police party chased and nabbed him. The person disclosed his name as Vivek Sharma. His search was carried out in accordance with law before the gazetted officer. During the search, 68 grams of cannabis was recovered from him. This led to registration of the FIR in question.

During investigation main accused Vivek Sharma disclosed purchasing cannabis alongwith bail petitioner from one Shri Pawan Kumar. As per status report, sale and purchase of contraband in this manner during 2019-2020 was disclosed by Shri Vivek Sharma. The bail petitioner was alleged to be an accomplice of Vivek Sharma. As per the status report main accused Vivek Sharma used to procure the contraband from accused Pawan Kumar either against cash payment or by transferring the money in bank account of co-accused Pawan Kumar. These transactions as per status report have been investigated. Call Detail Records of the mobile numbers of the three accused persons reflect exchange of calls between them on 3.3.2021.

It was submitted by the learned counsels that co-accused Vivek Sharma has already been enlarged on bail by the learned Additional Chief Judicial Magistrate, Dehra on 8.3.2021 and the other co-accused Pawan Kumar has been enlarged on interim bail vide order dated 10.3.2021 passed in Cr.MP(M) No 472 of 2021.

Heard learned counsel for the parties. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated with the off ences alleged against him. The investigation against the petitioner is almost complete. Nothing is to be recovered from the petitioner. In case of enlargement on bail, the petitioner will abide by all the terms and conditions, which may be imposed upon him. Learned counsel also submits that the other two co-accused in the FIR have already been enlarged on bail, therefore, the petitioner also deserves to be granted bail.

While opposing the bail petition, learned Additional Advocate General submits that in case the court is inclined to grant bail, then the same be made subject to stringent conditions.

Petitioner is alleged to be an accomplice of main accused Vivek Sharma and a drug addict himself. Petitioner's exact role in alleged facilitation of the contraband for main accused will be discernible during trial. The status report does not indicate any previous criminal history of the bail petitioner. As submitted by learned counsels for the parties accused Vivek Sharma has already been enlarged on bail. It is not in dispute that pursuant to the interim protection granted to the petitioner, he has joined the investigation and is co-operating with the investigating agency. There is no allegation in the status report that the bail petitioner tried to tamper the prosecution evidence or tried to hamper the investigation in any manner whatsoever.

The bail petitioner is resident of village Chamlog, Tehsil Sadar, District Bilaspur, therefore, his presence in the trial can be ensured. The investigation in the matter regarding the petitioner is almost complete. Accordingly, the interim protection granted to the petitioner vide order dated 26.3.2021 is confirmed subject to the following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner will not leave India without prior permission of the Court.

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any

(vii) It is made clear that in case the petitioner arraigned as an accused in future, in any FIR under NDPS Act, then this bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard and that fact will also be considered as a negative factor in future bail application(s) of the petitioner.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.