Atul Kumar vs State Of Himachal Pradesh
2022 Latest Caselaw 9438 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                 Cr.MP(M) No. 2244 of 2022
                                 Decided on: 17.11.2022.




                                                          .

    Atul Kumar                               ....Petitioner.

                      Versus





    State of Himachal Pradesh                         ...Respondent.

    Coram





    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?
    For the petitioner
                    r  :   Mr. Manoj Pathak, Advocate.

    For the respondent :    Mr. Raju Ram Rahi, Deputy Advocate
                            General.

    Vivek Singh Thakur, Judge (Oral)

Petitioner has approached this Court seeking

bail under Section 439 Code of Criminal Procedure (in

short 'Cr.P.C.') in case FIR No. 67 of 2020, dated

17.12.2020, registered in Police Station Nerwa, District

Shimla, H.P. under Section 20 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (hereinafter referred to

as 'NDPS Act').

2. Status report stands filed and record was also

made available.

3. As per status report, petitioner, on 16.12.2020,

at about 8:50 PM, standing alongwith a bag at Karala

main road Nerwa, when police party on patrolling intended

to inquire him, started running but was chased and

.

overpowered, whereafter, after inquiring about his

identification, the bag carried by him was searched,

wherefrom 1.192 Kg charas was recovered. After sending

Rukka to the Police Station, FIR was registered.

    4.          Petitioner
                   r          to

Investigation was carried on and petitioner was arrested.

remained in police custody and

thereafter he was sent in judicial custody and, as on date,

he is under detention as under trial prisoner.

5. As per status report, the case is pending for

recording the evidence of prosecution witnesses and is

listed on 05.12.2022.

6. Learned counsel for the petitioner has

submitted that petitioner, at the time of alleged

commission of offence, was 20 years old and, as per

prosecution case, charas recovered from him is of the

quantity which is nearer to the intermediate quantity of 1

Kg and further that petitioner is behind the bars since last

about 2 years and, therefore, taking into consideration the

peculiar facts and circumstances of the case, rigors of

Section 37 may not be applied in the present case and,

.

petitioner may be enlarged on bail, as his involvement in

commission of offence under ND & PS Act is yet to be

established before the trial Court on conclusion of the

trial.

7.

Learned Deputy Advocate General has opposed

the grant of bail to the petitioner with submissions that

petitioner has been found involved in commission of

offence transporting charas which is spoiling the youth,

causing damage to the society as well as nation.

8. Learned counsel for the petitioner has

submitted that the petitioner is not habitual offender and

there is no previous criminal history of the petitioner of

involving in any other case much less in a case under

NDPS Act.

9. Taking into consideration the entire material

placed before me, but without commenting on rival

contentions made by the parties, considering parameters

and factors required to be considered for adjudication of

bail application as propounded by the Supreme Court as

well as this Court in various judgments, petitioner may be

.

enlarged on bail, at this stage.

10. Accordingly, present petition is allowed and

petitioner is directed to be enlarged on bail, subject to his

furnishing personal bond in the sum of Rs.1,00,000/- with

one surety in the like amount to the satisfaction of the trial

Court/Special Judge, upon such further conditions as

may be deemed fit and proper by the trial Court, including

the conditions enumerated hereinafter, so as to ensure

presence of petitioner/accused at the time of trial.

(i) That the petitioner shall make himself available to the

police or any other Investigating Agency or Court in the present case 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 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 the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

.

(vi) that the petitioner shall not jump over the bail;

(vii) that in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be

cancelled on taking appropriate steps by prosecution;

(viii) that the petitioner shall not leave the territory of India without prior permission; and

(ix) that the petitioner shall inform the Police/Court his

contact number and shall keep on informing about change in address and contact number, if any, in future.

11. 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.

12. 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.

13. 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.

14. Observations made in this petition hereinbefore,

shall not affect the merits of the case in any manner and

15. to are strictly confined for the disposal of the bail application.

Petition is disposed of in aforesaid terms.

Petitioner is permitted to produce a copy of this

order, downloaded from the web-page of the High Court of

Himachal Pradesh, before the trial Court/Special Judge,

and the said Court shall not insist for production of a

certified copy but if required, may verify it from Website of

the High Court.

(Vivek Singh Thakur) Judge November, 17, 2022 (himani)