Manish vs State Of Himachal Pradesh
2021 Latest Caselaw 1069 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

.

Cr.MP(M) No. 296 of 2021 Date of decision: February 12, 2021.

    Manish                                          ......Petitioner.
                               Versus
    State of Himachal Pradesh                       .....Respondent.



    Coram                   r          to

Ms. Justice Jyotsna Rewal Dua, Vacation Judge. Whether approved for reporting?1

For the petitioner : Mr. Jia Lal Bhardwaj, Advocate.

For the respondent : Mr. Hemant Vaid, Addl. AG with Mr. R.R.

Rahi, Dy. AG.

(Through Video Conferencing).

Jyotsna Rewal Dua, Vacation Judge (Oral)

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.

2. Heard learned counsel for the parties and gone

through the status report.

Whether the reporters of the local papers may be allowed to see the Judgment?

3. 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.

4. 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

r No. to (petitioner in Cr.MP(M) No 78 of 2021) and Vipin Mohan Bohra

(petitioner in Cr.MP(M) 79 of 2021) have already been

enlarged on bail in the instant FIR on 4.2.2021 and 19.1.2021,

respectively.

5. 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.

    February 12, 2021,
                           r            to              Jyotsna Rewal Dua
                                                          Vacation Judge

             (vs)