Himachal Pradesh High Court
Pardeep Kumar vs State Of H.P on 7 January, 2021
Bench: Vivek Singh Thakur
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) No. 2247 of 2020
Reserved on 5th January,2021
Date of Decision 07th Jan.,2021
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Pardeep Kumar ...Petitioner
Versus
State of H.P. ....Respondent
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting?1
______________________________________________________________
For the Petitioner: Mr. Karan Singh Kanwar, Advocate
through Video Conferencing.
For the Respondent: Mr.R.P. Singh, Deputy Advocate
General, through Video
Conferencing.
__________________________________________________________________
Vivek Singh Thakur, J.
Petitioner herein is an accused in case FIR No. 19 of
2020, dated 28.01.2020 registered under Section 15 of Narcotic
Drugs and Psychotropic Substances Act, (hereinafter in short
"ND&PS") in Police Station Paonta Sahib, District Sirmaur for
Whether Reporters of Local Papers may be allowed to see the judgment?
having been found in possession of 18.968 Kg. Poppystraw
recovered from his house during raid conducted on the basis of
.
secret information on 28.1.2020.
2 Petitioner remained in police custody till 31 st January,
2020 and since then, he is in judicial custody. Age of petitioner is
20 years. The quantity of contraband, alleged to have been
recovered from petitioner, is more than prescribed small quantity
of 1 Kg, but, less than commercial quantity of 50 Kg. As per
status report, petitioner had disclosed to the police that he
himself is habitual of consuming poppy straw.
3 Petitioner is behind the bars for the last more than 11
months and case in trial Court is at the stage of consideration on
charge and is fixed for 26.3.2021.
4 Earlier petitioner had applied for bail in February,
2020, which was dismissed by Special Judge-II, Sirmaur on
12.2.2020 and rightly so, as at that time, investigation was at the
initial stage. Thereafter, petitioner had approached this Court by
filing Cr.MP(M) No. 304 of 2020, which was dismissed as
withdrawn on 31st July, 2020. Now, by way of this petition,
petitioner has again approached this Court.
5 Without going into merits of case, which are yet to be
determined by the trial Court, on the basis of evidence led before
it, but considering the quantum of alleged recovered contraband
and period of detention and other circumstances, I am of the
.
opinion that at this stage, petitioner may be enlarged on bail.
6 Accordingly, 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/Special Judge, Nahan at Sirmaur within three
weeks from today, subject to the following conditions:-
(i) That the petitioner shall make himself
r available during the 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
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
r 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.
7. 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.
8. 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.
9. 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.
10 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 439 of Code
of Criminal Procedure 1973.
11. 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.
January 07 ,2021 (Vivek Singh Thakur)
(ms) Judge
