Vipin vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Prayer for grant of regular bail has been made in the instant petition preferred under Section 439 of Code of Criminal Procedure in FIR No.

257/2020, dated 6.12.2020, registered under Sections 21 and 29 of Narcotic Drugs & Psychotropic Substances Act (in short ‘NDPS Act’), at

Police Station, Solan, Himachal Pradesh.

Heard learned counsel for the parties and gone through the status report.

The gist of the FIR is that on 6.12.2020 a patrolling party recovered 7.03 grams of Heroin from a vehicle, which was occupied by five persons

including the petitioner. All five are accused in the FIR in question.

Learned Counsel for the petitioner submits that three co-accused who were also in the vehicle i.e. Deepanshu Gagat (petitioner in Cr.MP(M) No.

172 of 2021), Priyanshu Bisht (petitioner in Cr.MP(M) No 78 of 2021) and Vipin Mohan Bohra (petitioner in Cr.MP(M) No. 79 of 2021) have already

been enlarged on bail in the instant FIR on 4.2.2021 and 19.1.2021, respectively.

The status report does not indicate any criminal antecedent of the petitioner. Considering the fact that the quantity of the contraband involved in the

FIR is close to small quantity notified under the NDPS Act and the petitioner is stated to be a first time offender and also keeping in mind fact that the

co-accused have already enlarged on bail, the instant petition is allowed. It is ordered that in the event of arrest of the petitioner, he shall be released

on bail on his furnishing personal bond of Rs. 25,000/- with one local surety in the like amount to the satisfaction of learned trial Court having

jurisdiction over the concerned Police Station, 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.