Himachal Pradesh High Court
Balbir Singh vs State Of Himachal Pradesh on 15 October, 2024
1
( 2024:HHC:9754 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No.1801 of 2024
Date of Decision : 15.10.2024
Balbir Singh
...... Petitioner
Versus
State of Himachal Pradesh
......Respondent
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
For the petitioner : Mr. Vanshaj Sharma, Advocate.
For the respondents : Mr. Diwakar Dev Sharma, Additional Advocate General.
Bipin Chander Negi, Judge (oral)
The present petition has been filed by the petitioner, seeking
bail in case FIR No.45 of 2024 dated 02.04.2024, under Sections 21 & 29
of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered
at Police Station, Dhalli, District Shimla, Himachal Pradesh.
2. Brief facts giving rise to the case at hand are that on
02.04.2024, based on a specific reliable information received by the police,
a Nakka had been set up at Sanjauli-Navbahar road. As per information
received, a car bearing No.DL-10CS543 (I-20) was stated to be carrying
contraband in sufficient quantity. The said vehicle was apprehended at the
Nakka set up at about 6:55 p.m.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
( 2024:HHC:9754 )
3. On checking, it was found that one Gouravdeep Kumar was
driving the aforesaid car. One individual named Shiva was sitting on the
adjacent seat and the bail petitioner was sitting in the back seat. On
search, a plastic pouch hidden inside the rear view mirror containing 20.64
grams Chitta/Heroin and currency notes, was recovered from the aforesaid
car. Other than the aforesaid, a small weighing machine was also
recovered from the petitioner in the case at hand.
4. I have heard learned counsel for the parties and perused the
status report and the record.
5. Investigation, in the case at hand, is complete. No recovery is
to be effected from the bail petitioner. The Challan stands filed and the
same is pending consideration before the concerned Court.
6. The petitioner is in custody since 02.04.2024. Trial is going to
take time for its conclusion. The charges against the petitioner are yet to
be proved. Pretrial incarceration is not the rule. No past criminal history
has been attributed to the present bail petitioner. Further detention of the
accused would not serve any fruitful purpose, rather would prove prejudicial
to the rights of the petitioner.
7. Petitioner is permanent resident of Village Thana, Post Office
and Tehsil, Tikkar, District Shimla, H.P. The respondent-State has not
expressed any apprehension regarding him fleeing from the course of
justice and adversely affecting the trial. In any case, the petitioner can be
( 2024:HHC:9754 )
put to terms for the purposes of safe, secure and unobstructed completion
of trial.
8. From the status report, so filed, it is evident that the petitioner
does not have criminal antecedents. There is no possibility of flight risk in
the case at hand.
9. From perusal of the medical report, it is evident that insofar as
bail petitioner is concerned, traces of Narcotic substance have been found
in the urine samples of the present petitioner. The petitioner appears to be
a user of the contraband seized. At this stage, a detailed examination of
the evidence is not required.
10. In the status report filed, it has been stated that from there are
two other cases pending against the present bail petitioner under the
Narcotic Drugs and Psychotropic Substances Act. Insofar as, FIR No.134
of 2023 dated 29.07.2023 under Sections 21, 29 of the Narcotic Drugs and
Psychotropic Substances Act, is concerned qua the present petitioner, in
the same, the petitioner was released after issuance of notice under
Section 41(A) of the Code of Criminal Procedure. Insofar as, FIR No.99 of
2023 dated 22.11.2023 under Sections 21, 29 of the Narcotic Drugs and
Psychotropic Substances Act, is concerned, the present petitioner had
been made an accused in the aforesaid FIR, based on transaction made on
25.04.2024, when the present petitioner was lodged in custody in the
present case. In the said case, the petitioner had been enlarged on bail.
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11. Punishment begins after conviction. Every man is deemed to
be innocent until duly tried and duly found guilty. The consequences of pre-
trial incarceration are grave. A person presumed innocent is subjected to
psychological and physical deprivations of jail. Further, a jailed individual is
prevented from contributing to the preparation of his defence.
12. The object of bail is to secure the attendance of the accused
person at his trial by reasonable amount of bail. The object of bail is neither
punitive nor preventative.
13. In view of the aforesaid, the instant petition is allowed and the
petitioner is enlarged on bail in case FIR No.45 of 2024 dated 02.04.2024,
under Sections 21 & 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985, registered at Police Station, Dhalli, District Shimla,
Himachal Pradesh, subject to his furnishing personal bond in the sum of
Rs.1,00,000/-with one local surety in the like amount to the satisfaction of
the learned trial Court having jurisdiction over the concerned Police Station,
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 temper with the evidence or hamper the
investigation in any manner whatsoever;
(iii) Petitioner will not leave India without prior permission of the
Court;
(iv) Petitioner shall not make any inducement, threat or promise,
directly or indirectly, to the Investigating Officer or any
person acquainted with the facts of the case to dissuade
him/her from disclosing such facts to the Court or any
Police Officer;
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(v) Petitioner shall inform the Station House Officer of the
concerned police station about his place of residence during
bail and trial. Any change in the same shall also be
communicated within two weeks thereafter. Petitioner shall
furnish details of his Aadhar Card, Telephone Number,
Email, PAN Card, Bank Account Number, if any;
(vi) Petitioner shall in the 1st week of every month mark his
attendance in the concerned Police Station; &
(vii) It is made clear that in case petitioner is arraigned as an
accused, in future, in any FIR, then his bail is liable to be
cancelled. It is open for the Investigating Agency to move
appropriate application in that regard.
14. In case of violation of any of the terms & conditions of the bail,
respondent-State shall be at liberty to move appropriate application for
cancellation of the bail. It is made clear that observations made above are
only for the purpose of adjudication of instant bail petition and shall not be
construed as an opinion on the merits of the matter. Learned trial Court
shall decide the matter without being influenced by above observations.
15. With the aforesaid observations, the present petition stands
disposed of, so also the pending miscellaneous applications, if any.
16. In case, the petitioner is not released within a period of seven
days from the date of grant of bail, the Superintendent, Sub Jail, Kaithu
District Shimla, H.P., is directed to inform this fact to the Secretary, DLSA,
Shimla. The Superintendent, Sub Jail, Kaithu District Shimla, H.P., is
further directed that if the petitioner fails to furnish the bail bonds, as per
the order passed by this Court, within a period of one month from today,
the said fact be submitted to this Court.
( 2024:HHC:9754 )
17. A copy of this order be sent to the Superintendent, Sub Jail,
Kaithu District Shimla and the learned trial Court by FASTER.
18. A downloaded copy of this order shall be accepted by the
learned trial Court, while accepting the bail bonds from the petitioner and in
case said Court intends to ascertain the veracity of the downloaded copy of
order presented to it, same may be ascertained from the official website of
this Court.
( Bipin Chander Negi)
October 15, 2024 (KS) Judge
