Himachal Pradesh High Court
Harish Chauhan vs State Of Himachal Pradesh on 12 September, 2019
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 1654 of 2019 Decided on: 12th September, 2019 Harish Chauhan ....Petitioner .
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 Yes.
For the petitioner: Mr. Vipin Pandit, Advocate.
For the respondent/State: Mr. Shiv Pal Manhans, Additional Advocate General, with Mr. Raju Ram Rahi and Mr. Gaurav Sharma, Deputy r Advocates General.
ASI Bhagat Ram, Police Station Sadar Solan, District Solan, H.P. ______________________________________________________________________ Chander Bhusan Barowalia, Judge. (oral).
The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 144 of 2019, dated 09.07.2019, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Sadar Solan, District Solan, H.P.
2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 29/09/2019 04:17:27 :::HCHP 2purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.
3. Police report stands filed. As per the prosecution story, on .
09.07.2019 a police party was on routine patrol duty near DC Office Chowk, Solan. Police got a tip off that vehicle, having registration No. HP-64A-4841, is coming from bye-pass road and two persons coming in it with heroin. Acting upon the tip off, police associated independent witnesses and at about 12:25 p.m. vehicle, having registration No. HP-
64A-4841, was intercepted. Two occupants were in the vehicle and person, who was driving the vehicle, disclosed his name as Jatin Arora (co-accused) and another occupant of the vehicle disclosed his name as Harish Chauhan (petitioner herein). Police conducted the search of the vehicle and recovered a polythene packet, which contained heroin. The recovered contraband, on weighment, was found to be 15.73 grams.
Thereafter, the police completed all the codal formalities. Rukka was sent to the police station, whereupon FIR was registered against the petitioner and co-accused Jatin Arora. Police prepared the spot map and also recorded the statements of the witnesses. The petitioner and the co-accused were arrested and during the course of interrogation they revealed that they are habitual of consuming heroin. They further revealed that on 08.07.2019 they went to Delhi for bringing heroin, but as they did not get the heroin, they came to Sector 43, Chandigarh.
They further disclosed that at Bus Stand, Sector 43, Chandigarh, they ::: Downloaded on - 29/09/2019 04:17:27 :::HCHP 3 met a person, who did not disclose his name, and he provided 16 grams heroin for Rs. 14,000/-. Police sent the sample of recovered contraband for forensic analysis and it revealed that it was the sample .
of Diacetymorphine (heroin). As per the police, challan stands presented in the Court and the now the matter is listed on 13.09.2019.
Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and there is possibility that in case at this stage he is enlarged on bail, he may flee from justice or tamper with the prosecution evidence.
4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully.
5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when the investigation is complete and the challan stands presented in the Court, so the bail application be allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence, so at this stage, in case he is enlarged on bail, he ::: Downloaded on - 29/09/2019 04:17:27 :::HCHP 4 may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner be dismissed.
.
6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, especially when the investigation is complete, challan stands presented in the Court, so the application be allowed and the petitioner be enlarged on bail.
7. At this stage, considering the age of the petitioner, who is only 22 years of age, the fact that it has come in the police investigation that the petitioner was using the contraband for his own use, the recovered quantity of the contraband, i.e., 15.73 grams, the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, custody of the petitioner is not at all required by the police, as the investigation is complete and the challan stands presented in the Court, considering the overall facts, which have come on record, and without discussing the same at this stage and also the fact that the petitioner cannot be kept behind the bars for an unlimited period, so this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No. 144 ::: Downloaded on - 29/09/2019 04:17:27 :::HCHP 5 of 2019, dated 09.07.2019, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Sadar Solan, District Solan, H.P., shall be released on bail forthwith in .
this case, subject to his furnishing personal bond in the sum of `20,000/- (rupees twenty thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:
(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.
(ii) That the petitioner will not leave India without prior permission of the Court.
(iii) That the petitioner will 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 the Investigating Officer or Court.
8. In view of the above, the petition is disposed of.
Copy dasti.
(Chander Bhusan Barowalia)
12th September, 2019 Judge
(virender)
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