Himachal Pradesh High Court
Atul Kumar vs State Of Himachal Pradesh on 17 November, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 17TH DAY OF NOVEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
.
CRIMINAL MISC. PETITION (MAIN) No.1682 of 2021
Between
ATUL KUMAR
S/O SHRI RAJ KUMAR,
R/O VILLAGE AND POST OFFICE SLAPPER,
TEHSIL SUNDERNAGAR,
DISTRICT MANDI,
HIMACHAL PRADESH
.....PETITIONER
(BY SHRI ANIRUDH SHARMA, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH ....RESPONDENT
(BY SHRI DINESH THAKUR, ADDITIONAL ADVOCATE
GENERAL)
Decided on : 17.11.2021
This petition coming on for orders this day, the Court passed
the following:
ORDER
Petitioner has approached this Court, invoking provisions of Section 439 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.), seeking regular bail in case FIR No.109/2021, dated 8.7.2021, registered under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), in Police Station Barmana, District Bilaspur, Himachal Pradesh.
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2. Status Report stands filed. Record was also produced, which was returned after perusal with direction to the learned Additional Advocate General to retain photocopy of .
the relevant record.
3. Prosecution case is that on 8.7.2021, the petitioner alongwith three other co-accused was found travelling in a Car with broken bonnet, whereupon, on suspicion, Car was stopped by the police party for checking documents of the vehicle and when the driver was taking out the file of documents from the backside pocket of the seat, two packets had fallen down on the floor of the Car. After associating independent witnesses and inquiring the identity of the persons travelling in the Car, the said two packets were opened, wherein, on the basis of experience and also from verification from the occupants of the Car, it was identified to be Chitta/heroin. On weighing on electronic weighing machine, it was found to be 24 grams.
After completing formalities, as per law and procedure, recovered contraband was taken in possession and seized alongwith Car and its documents and the petitioner alongwith co-accused was arrested after registration of FIR.
4. It is case of the prosecution that occupants of the Car, i.e. Atul Kumar (petitioner), Yogesh Thakur, Aman & Tanu Kumar, had disclosed that 25 grams heroin was purchased by them from a Negro African National at Delhi for a sum of ::: Downloaded on - 31/01/2022 23:17:40 :::CIS CRMPM No.1682/2021 ...3...
`25,000/-. Recovered contraband has been confirmed as Chitta by the State Forensic Science Laboratory.
5. As per Status Report, three co-accused, namely .
Yogesh Thakur, Aman and Tanu Kumar, have been enlarged on bail by learned Special Judge/Sessions Judge, Bilaspur, Himachal Pradesh, vide orders dated 22.7.2021, but the bail application of petitioner was rejected vide orders passed on the same date.
6. It is stated in the Status Report that the petitioner had been found involved in commission of offence under Section 21 of the NDPS Act, in case FIR nO.337/2020, dated 10.9.2020, registered in Police Station Sundernagar, District Mandi, Himachal Pradesh and the trial thereof is pending adjudication in the Court.
7. At the time of rejection of the bail application of the petitioner, learned Special Judge has considered involvement of the petitioner in previous case as a material circumstance.
8. It is submitted by the learned counsel for the petitioner that the recovered quantity is an intermediate quantity and that the petitioner is behind the bars for more than four months, whereas co-accused have been enlarged on bail within a fortnight and further that even if it is considered that registration of FIR in the year 2020 is a relevant factor to be considered, even then after release of co-accused, in the ::: Downloaded on - 31/01/2022 23:17:40 :::CIS CRMPM No.1682/2021 ...4...
present case, petitioner has suffered detention of 3½ months more than the co-accused.
9. Learned Deputy Advocate General has opposed the .
grant of bail to the petitioner on the ground that the petitioner is involved in commission of an offence, which not only may destroy the life of individuals, including the petitioner, but will also ruin the society at large. Whereas learned counsel for the petitioner has submitted that for registration of case in the year 2020, petitioner should not be subjected to pre-trial conviction.
10. Considering entire material on record, without assessing it on merit, principles and factors relevant to be considered at the time of deciding bail application with reference to aforesaid facts and circumstances placed before me, and submissions made by learned counsel for the petitioner as well as learned Deputy Advocate General, I find that at this stage, petitioner is entitled for bail.
11. Accordingly, present petition is allowed and petitioner is directed to be enlarged on bail in case FIR No.109/2021, dated 8.7.2021, registered in Police Station Barmana, District Bilaspur, Himachal Pradesh, subject to furnishing personal bond in the sum of `1,00,000/- with one surety in the like amount, to the satisfaction of the trial Court, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated ::: Downloaded on - 31/01/2022 23:17:40 :::CIS CRMPM No.1682/2021 ...5...
hereinafter, so as to ensure the presence of petitioner/ accused at the time of trial and also subject to following conditions:-
(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 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 r 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;
(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.
12. 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 ::: Downloaded on - 31/01/2022 23:17:40 :::CIS CRMPM No.1682/2021 ...6...
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.
13. 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.
14. Trial Court is directed to comply with the directions issued by r the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.
15. Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.
16. 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 authorities concerned, and the said authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.
( Vivek Singh Thakur )
November 17, 2021(sd) Judge.
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