Himachal Pradesh High Court
Sagar vs State Of Himachal Pradesh on 7 January, 2021
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P.(M) No. 1837 of 2020
.
Reserved on: 30.12.2020
Date of decision: 7.1.2021
Sagar. ...Petitioner
Versus
State of Himachal Pradesh. ...Respondent
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr.Gobind Korla, Advocate, through Video
Conferencing.
For the Respondent: Mr.Desh Raj Thakur, Additional Advocate
General, through Video Conferencing.
Vivek Singh Thakur, Judge (oral)
Petitioner herein is accused in case FIR No. 29 of 2020,
dated 14.2.2020, registered under Sections 21 and 29 of Narcotics
Drugs and Psychotropic Substances Act in Police Station Palampur,
District Kangra, H.P., for recovery of 1150 capsules of SPM-
PRXWOCK HARDT from his house from a bag kept below the bed
upon which petitioner and co-accused Neelam were found sitting, on
14.2.2020 during raid conducted on the basis of a secret information
received by the Police.
2. Status report stands field, wherein it is stated that
petitioner was arrested on 14.2.2020 and since then, after remaining in
Police custody, he is in judicial custody, whereas co-accused Neelam
(who is maternal aunt of wife of petitioner) was arrested on 15.2.2020.
3. Earlier bail application preferred by the petitioner was
dismissed by Special Judge 4, Kangra at Dharamshala on 10.6.2020.
Whether the reporters of the local papers may be allowed to see the Judgment? Yes
Thereafter petitioner had approached this Court by filing Cr.M.P. (M)
No. 984 of 2020, which was dismissed as withdrawn on 28.8.2020.
4. Co-accused Neelam was enlarged on bail vide judgment
.
dated 25.6.2020 in Cr.MP (M) No. 700 of 2020 by this court by treating
her differently from present petitioner being a lady.
5. Petitioner is in custody for about 11 months and his age is
36 years, and quantity of recovered contraband is intermediate and co-
accused has been enlarged on bail about 6 months ago.
6. Without evaluating the material placed before me, on
merit, which is to be considered and evaluated by trial Court during
trial, on the basis of evidence led before it, considering the quantum of
recovered contraband and period of detention and also the fact that cu-
accused Neelam, being lady, was enlarged on bail on 25.6.2020, I am
of the opinion that at this stage, petitioner may also be enlarged on
bail.
7. Accordingly, petitioner is ordered to be released on bail in
case FIR No. 29 of 2020, dated 14.2.2020, registered under Sections
61 of Narcotics Drugs and Psychotropic Substances Act in Police
Station Palampur, District Kangra, H.P., on furnishing personal bond in
the sum of `50,000/- with one surety in the like amount, to the
satisfaction of trial Court, upon such further conditions as may be
deemed fit and proper by the trial Court, including the conditions
enumerated hereinafter, so as to ensure the presence of the
petitioners at the time of trial:-
(i) That he shall make themselves available to the police or
any other Investigating Agency or Court in the present
case as and when required;
(ii) that he 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 him/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/trial;
(iv) that he shall not commit/repeat the offence similar to the
offence to which he accused or suspected and in case of
repetition his bail in present case shall be liable to be
cancelled on taking appropriate steps by the
prosecution/Police;
(v) that he shall not misuse his liberty in any manner;
(vi) that he shall not jump over the bail;
(vii) that he shall keep on informing about the change in address,
landline number and/or mobile number, if any, for his
availability to Police and/or during trial;
(viii) that he shall not leave India without permission of the Court.
8. It will be open to the prosecution to apply for imposing
and/or to the trial Court to impose any other condition on the petitioner
as deemed necessary in the facts and circumstances of the case and in
the interest of justice and thereupon, it will also be open to the trial
Court to impose any other or further condition on the petitioner as it
may deem necessary in the interest of justice.
9. In case the petitioner violates any conditions 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.
10. 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 18.03.2013.
11. Observations made in this petition hereinbefore shall not
affect the merits of the case in any manner and are strictly confined for
the disposal of the bail application.
.
12. 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, he may verify the order
from the High Court website or otherwise.
The petition stands disposed of in the aforesaid terms.
r (Vivek Singh Thakur),
th
7 January, 2021 Judge.
(Keshav)
