Himachal Pradesh High Court
Decided On: 04.11.2024 vs State Of Himachal Pradesh on 4 November, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:10549
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No.2318 of 2024
Decided on: 04.11.2024
Pratap Singh ....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. Umesh Kanwar, Advocate.
For the respondent :
Mr. Pushpender Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
ASI Pradhan Singh, IO Police Station Dharamshala, District
Kangra, H.P. present in person with case record.
2. By way of this bail petition, filed under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, the petitioner has prayed for his
enlargement on bail, in FIR No.147 of 2021, dated 13.10.2021,
registered under Sections 22, 25, 29-61-85 of the Narcotic Drugs and
Psychotropic Substances (hereinafter to be referred as 'NDPS') Act, at
Police Station Dharamshala, District Kangra, H.P.
3. Learned Counsel for the petitioner has submitted that the
petitioner was arrested in the case on 14.10.2021 and he is in custody for
1 Whether reporters of the local papers may be allowed to see the judgment?
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more than three years. Learned Counsel submitted that there is no
previous criminal history of the petitioner of being involved in matters
relating to NDPS Act. He has drawn the attention of the Court to the
orders that have been passed by this Court in the cases of co-accused
whereby they have been ordered to be released on bail and he prayed that
similar order be passed in the case of the present petitioner.
4. Learned Additional Advocate General has opposed the
petition. He submitted that the offence committed by the petitioner is
both grave and heinous. He further submitted that the quantity of
contraband involved in this case is commercial and, therefore also, the
present bail petition deserves dismissal. He stated that if the petitioner is
released on bail, he may try to win over or influence the witnesses,
which will adversely affect the course of the trial. Accordingly, he
prayed that the petition be dismissed.
5. Having heard learned Counsel for the petitioner as well as
learned Additional Advocate General and having perused the status
report as well as record that was produced for the perusal of the Court,
this Court is of the considered view that as other co-accused has already
been released on bail and further as the petitioner is in custody for more
than three years and further as he does not have any previous criminal
2024:HHC:10549
history of being involved in the offences under the provisions of the
ND&PS Act, it would be in the interest of justice, in case, the petitioner
is ordered to be released on bail by imposing such conditions as were
imposed on other co-accused while releasing them on bail. Accordingly,
this bail petition is allowed and the petitioner is ordered to be released on
bail in case FIR No.147 of 2021, dated 13.10.2021, registered under
Sections 22, 25, 29-61-85 of the Narcotic Drugs and Psychotropic
Substances (hereinafter to be referred as 'NDPS') Act, at Police Station
Dharamshala, District Kangra, H.P., 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 learned Trial Court concerned. This order shall,
however, be 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.) Petitioner shall not tamper with the prosecution evidence nor
hamper the investigation of the case in any manner whatsoever;
iii) Petitioner 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) Petitioner shall not leave the territory of the Country without
prior permission of the learned trial Court.
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6. It is clarified that the 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 and the respondent-State shall be at liberty
to file an application for cancellation of the bail in case the petitioner
violate any of the conditions of bail. The petition stands disposed of in
the above terms.
Downloaded copy of this order from the website of this
Court shall be valid for compliance.
(Ajay Mohan Goel)
Judge
November 04, 2024
(narender)
