Bal Krishan vs State Of Himachal Pradesh
2023 Latest Caselaw 527 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                           .
                                                     Cr.MP(M) No.2480 of 2022





                                                     Decided on: 09.01.2023

    Bal Krishan                                               ....Petitioner.





                      Versus
    State of Himachal Pradesh                                .... Respondent.

    Coram





    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1
    For the petitioner               :       Mr. N.S. Chandel, Senior Advocate,
                          r                  with Ms. Ashok Kumar, Advocate.

    For the Respondent                :      M/s Baldev Negi and Pushpinder
                                             Jaswal,   Additional Advocates
                                             General
                                             SI Pradeep Kumar, Police Station


                                             Nalagarh, District Solan, H.P.,
                                             present in person    alongwith
                                             relevant record.




    Ajay Mohan Goel, Judge (Oral)

Fresh status report filed, which is ordered to be taken

on record.

By way of this petition, the petitioner has prayed for

grant of bail, in FIR No.302 of 2021, dated 02.10.2021, registered

under Sections 20­61­85 of the Narcotic Drugs & Psychotropic

Substances Act, at Police Station Nalagarh, District Solan, H.P. In

terms of the Status Report, the petitioner was apprehended with

88.50 grams of Heroin/Chitta on 01.10.2021, near 'Chikni Khad',

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

Nalagarh, Distt. Solan, H.P. The petitioner also has previous

history for having committed similar offences. Status report also

.

revealed that the mother of the petitioner is stated to be suffering

from permanent disability to the extent of 30% disability.

2. Learned Senior Counsel appearing for the petitioner

has drawn the attention of the Court to the Disability Certificate,

which has been issued by the Medical Authority, Solan, District

Solan, H.P. dated 20.06.2022 and by placing reliance upon the

same, learned Senior Counsel submitted that the permanent

disability with which the mother of the petitioner is suffering from

is relatable to her brain as also right hand. He further submitted

that as there is none in the family of the petitioner to look after the

mother, therefore, in these peculiar circumstances the petitioner

be ordered to be released on bail.

3. I have heard learned Counsel for the parties and have

gone through the documents appended with the petition as well as

status report, which has been filed by the State.

4. Though, in such like cases, ordinarily this Court does

not shows indulgence by ordering the release of the petitioner, but

taking into consideration the fact that here the mother of the

petitioner besides suffering from blindness is also having some

issues relatable to her mental health, as a matter of compassion

the petitioner is ordered to be released on bail with clear statement

in this order itself that the same shall not be treated as a

precedent. This order is being passed as there is none to look after

.

the mother.

5. Accordingly, this petition is allowed by ordering the

release of the petitioner on bail, in FIR No.302 of 2021, dated

02.10.2021, registered under Sections 20­61­85 of the Narcotic

Drugs & Psychotropic Substances Act, at Police Station Nalagarh,

District Solan, H.P. on his furnishing personal bail bond to the

tune of Rs. 2,00,000/­ with one surety in the like amount, to the

satisfaction of the learned Trial Court concerned, within a period of

two weeks from today, subject to the following conditions:­ •

i.) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from

appearance by filing appropriate application; •

ii.) He shall not tamper with the prosecution evidence nor hamper the investigation of the case

in any manner whatsoever;•

iii) He shall not 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 the Court or the Police Officer; and •

iv) He shall not leave the territory of the State of Himachal Pradesh without prior permission of the learned trial Court.

6. It is clarified that findings, which have been

returned by this Court while deciding this petition, are only

.

for the purpose of adjudication of the present bail petition

and learned Trial Court shall not be influenced, in any

manner whatsoever, by any of the findings so returned by

this Court in the adjudication of this petition during the

course of the trial of the case. It is further clarified that in

case the petitioner does not complies with any of the above

conditions, the State shall be at liberty to approach this

Court for the cancellation of the bail. The petition stands

disposed of in the above terms.

There would be no need for a certified copy of

this order and learned counsel for the parties can download

this order alongwith case status from the official web page of

this Court and attest it to be a true copy.

(Ajay Mohan Goel) Judge January 09, 2023 (Rishi)