Yogesh Kumar vs State Of H.P.

Virender Singh, J

Applicant Yogesh Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 92 of 2024, dated 3.11.2024, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND & PS Act), registered with Police Station, Darlaghat, District Solan, H.P.

The applicant has pleaded the fact that he is innocent person and has falsely been implicated in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.

It is the further case of the applicant that he is having deep roots in the society, and in case, he is ordered to be released on bail, he is ready to abide by any conditions, to be imposed by this Court.

The applicant has tried his luck by moving bail application bearing No. 4-ASJ-II/22 of 2024, before the Court of learned Special Judge-III, Solan, District Solan, H.P. However, the same was dismissed on 14.11.2024.

Apart from this, the applicant has pointed out that investigation, in the present case, is almost complete.

On these submissions, a prayer has been made to allow the bail application.

When put to notice, the police has filed the status report, disclosing therein, that on 3.11.2024, a ruqua was submitted to the Police Station, Darlaghat, by HC Prakash Chand, who has mentioned in the ruqua that on 2.11.2024, he alongwith other police officials, was on patrolling duty and duty to detect the crime, relating to excise. On that day, at about 6:15 p.m., when the Police party reached at Darlamod, then, a secret information was received that a vehicle, bearing registration No. HP-01S-1763 was moving from Kharsi side to Darlaghat side, in which there were two persons, and in case, the said vehicle is intercepted, then, large quantity of heroin/chitta could be recovered. Said information was found to be authentic. As such, compliance of Section 42(2) of the NDPS Act was done.

9.1 Thereafter, one Jai Dev Thakur, Ex-Pradhan of Gram Panchayat Navagaon was associated in the raiding party. Thereafter, picketing was done at a place, known as “Lily Farm”, near Darlamod.

9.2 At about 7:30 p.m., the aforesaid vehicle reached there and it was signalled to stop. Two persons were stated to be sitting in the Car. On inquiry, the driver of the vehicle disclosed his name as Praveen Kumar, S/o Shri Suman Kumar, R/o Village Dhaliyar, P.O. Kalar, Tehsil and District Bilaspur, whereas, the other person sitting in the car disclosed his name as Yogesh Kumar (applicant), S/o Krishan Lal, R/o Vill and P.O. Majhwad, Tehsil Ghumarwin, District Bilaspur, H.P.

9.3 Thereafter, the I.O. had apprised the aforesaid persons regarding the secret information, which he had received. Thereafter, the IO had given his personal search to the aforesaid persons, in the presence of independent witnesses, but, nothing incriminating was found, from the possession of the raiding party. In this regard, documentation was also done.

9.4 Thereafter, in the presence of independent witnesses, the vehicle was searched. During search, underneath the music system, installed in the vehicle, a transparent envelope was found, which, on opening was found to be containing a brown coloured substance, which, with the help of drug detection kit, was found to be chitta/heroin. The said fact has also been confirmed by the aforesaid persons, sitting in the car.

9.5 On weighment of the contraband, it was found to be 10 grams heroin. Other codal formalities were completed. After registration of the FIR, accused persons were arrested

9.6. During investigation, involvement of Anil @ Pintu was also found and he has also been arrested in this case. The contraband, so recovered, was sent to FSL, Junga, and after receiving the positive report, the Police has prepared the Challan, which is under scrutiny.

9.7 On the basis of above facts, a prayer has been made to dismiss the bail application.

Contraband, allegedly recovered, in the present case is of intermediate quantity. As such, rigors of Section 37 of the NDPS Act are not applicable to the facts of the present case.

Investigation, in the present case, is complete and this fact is clearly demonstrated from the stand of the Police that the Challan has been prepared, which is under scrutiny. Meaning thereby, custodial interrogation of the applicant is no longer required by the Police.

Chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period.

Except the present case, no other case is stated to have been registered against the applicant, as such, presumption of innocence is still available to the applicant.

The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial.

The applicant is permanent resident of of District Bilaspur and it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

The applicant is ordered to be released on bail in case FIR No. 92 of 2024, dated 3.11.2024, under Sections 21 ad 29 of the NDPS Act, registered with Police Station, Darlaghat, District Solan, on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned CJM, Solan/any Judicial Magistrate, stationed at Solan.

This order, however, shall be subject to the following conditions:-

a) He shall make herself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application;

b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and

d) He shall not leave the territory of India without the prior permission of the Court.

Any of the observations, made herein above, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application.

It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Model Central Jail, Kanda, through e-mail, with a direction to enter the date of grant of bail in the e-prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Model Central Jail, Kanda is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the Model Central Jail, Kanda is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court within a period of one month from today, then, the said fact be submitted to this Court.