Om Chand vs Coram
2021 Latest Caselaw 1149 HP

                                                                             .
        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA





                                        Cr.MP(M) No. 318 of 2021
                                        Date of Decision 22nd Feb.,2021





    ________________________________________________________

    Om Chand                                                             ...Petitioner

                                                   Versus

    State of H.P.

    Coram
                          r                to                            ....Respondent

    The Hon'ble Mr. Justice Vivek Singh Thakur, J.

Whether approved for reporting?1 ______________________________________________________________ For the Petitioner: Ms. Sheetal Vyas, Advocate

through Video Conferencing.

For the Respondent: Mr. Raju Ram Rahi, Deputy Advocate General, through Video

Conferencing.

ASI Hans Raj, P.S. Talai, is present

in person.

__________________________________________________________________

Vivek Singh Thakur, J.

Present petition has been filed under Section 438

Cr.P.C. seeking bail in case FIR No. 159 of 2020, dated

31.10.2020 registered under Sections 20 and 29 of Narcotic

Whether Reporters of Local Papers may be allowed to see the judgment?

Drugs and Psychotropic Substances Act, (hereinafter in short

"ND&PS") in Police Station Talai, District Bilaspur.

.

2 Status report stands filed wherein it is stated that

main accused Raj Kamal stands released on bail by District and

Sessions Judge, Ghumarwin vide order dated 22.11.2020 and

after disclosure of name of petitioner as a seller of drugs

recovered from main accused, he was not traceable, however,

after getting anticipatory bail from this Court, he has joined the

investigation and Rs.15,000/- and his mobile phone have been

recovered and further that nothing is to be recovered from him

and it is also submitted by Investigating Officer, present in Court,

that his custodial interrogation is not required.

3 Considering the status report filed and submissions

made by Investigating Officer, present in Court, the petitioner is

ordered to be released on bail, subject to his furnishing personal

bond in the sum of Rs.50,000/- with one surety in the like

amount to the satisfaction of the trial Court within three weeks

from today, subject to the following conditions:-

(i) That the petitioner shall make himself available during the investigation as well as trial on each and every date as and when required;

(ii) 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 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;

(iii) That he shall not obstruct the smooth

progress of the investigation as well as trial;

(iv) That he shall not jump over the bail and r shall inform, in writing, regarding

change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station;

(v) That the petitioner shall not commit the offence similar to the offence to

which he is accused or suspected or

the commission of which he is suspected;

(vi) In the event of repetition of commission of offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by prosecution/police;

(vii) That the petitioner shall not leave India without prior permission of Court;

(viii) That petitioner shall not misuse his liberty in any manner.

.

4. It will be open to the prosecution to apply for

imposing any such other or further condition on the petitioner as

deemed necessary in the facts and circumstances of the case

and in the interest of justice. It will also be open to the trial

Court/Magistrate to impose any other or further condition on the

petitioner as it may deem necessary in the interest of justice.

5.

In case the petitioner violates any condition imposed

upon him, his 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.

6. Learned 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 18.3.2013.

7 Any observation made in this order shall not affect

the merits of case in any manner and will strictly confine for the

disposal of this bail application filed under Section 438 of Code

of Criminal Procedure 1973.

8. 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.

Dasti copy on usual terms.

    February 22, 2021                   (Vivek Singh Thakur)
    (ms)                                       Judge



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