Himachal Pradesh High Court
Uttam Chand @ Gopal Thakur vs State Of Himachal Pradesh on 21 June, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 21st DAY OF JUNE, 2022
BEFORE
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
.
CRIMINAL MISC. PETITION (MAIN) No.1251 of 2022
Between:-
UTTAM CHAND @ GOPAL THAKUR,
S/O SH. SUKRA RAM,
AGED 29 YEARS,
R/O VILLAGE DALIKAR, PO MOVISERI,
TEHSIL CHACHYOT, DISTRICT MANDI (H.P.)
......PETITIONER
(BY MR. RAKESH KUMAR CHAUDHARY, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
......RESPONDENT
(BY MR. DESH RAJ THAKUR, ADDITIONAL
ADVOCATE GENERAL WITH MR. NARENDER SINGH
THAKUR & MR. GAURAV SHARMA, DEPUTY
ADVOCATES GENERAL,
HC PAWAN KUMAR, POLICE STATION BALH,
DISTRICT MANDI, PRESENT IN PERSON
ALONGWITH RECORD)
This petition coming on for orders this day, the Court
passed the following:
ORDER
The petitioner is an accused in FIR No.20/2021, dated 24.01.2021, registered at Police Station Balh, District Mandi under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). He ::: Downloaded on - 21/06/2022 20:04:52 :::CIS 2 is facing accusation of possessing 2.502 kg of cannabis therein. The petitioner is behind the bars w.e.f. 24.01.2021 and by means of the present petition filed under Section 439 of the Code of Criminal Procedure (Cr.P.C.), he has .
prayed for enlargement on interim bail for a period of one month.
2. The reason given by the petitioner for grant of interim bail in the present petition and as canvassed by his learned counsel is concerning mother of the petitioner. It has been submitted that petitioner's mother has already suffered three brain strokes. Half part of her body has been paralyzed due to brain strokes. Parents of the petitioner are poor rustic villagers. They were completely dependent upon the petitioner. The petitioner was the sole caretaker of his family including his old aged parents.
3. I have heard learned counsel for the parties and gone through the record as well as the status report filed by the respondent.
4. The petitioner wants to make arrangements for treatment of his ailing mother. For this purpose, he has prayed for interim bail for a period of one month. In the status report, the respondents have verified the factum of illness of petitioner's mother. According to the status report, on verification, it has been ascertained that ::: Downloaded on - 21/06/2022 20:04:52 :::CIS 3 petitioner's mother has suffered paralysis stroke. That petitioner's elder brother alongwith his own family does not reside in the parental home. He lives separately with his own family and that he does not look-after his old aged .
parents. That there is no one else in the family of the petitioner to look-after his parents. Alongwith the status report, the medical record pertaining to ailment of mother of the petitioner as well as statements of Pradhan of concerned Gram Panchayat and Ward Member alongwith other local residents in support of these facts have been appended.
In view of the facts as have come on record, the petitioner, who is behind the bars for past about 17 months, has made out a case for his enlargement on interim bail. Accordingly, the present petition is allowed. The petitioner is ordered to be released on interim bail in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.50,000/-with two local sureties each in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned. Petitioner shall surrender before the concerned jail on or before 30.07.2022 by 4:00 P.M. The bail is being granted subject to the following conditions:-
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(i). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(ii). The petitioner will not leave India without prior permission of the Court.
.
(iii). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer, complainant 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.
(iv). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail. Any change in the same shall also be communicated promptly. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any, to the Station House Officer.
(v). Petitioner shall surrender himself before the concerned jail authorities on or before 30.07.2022 by 4:00 P.M. It is clarified that the interim bail is being granted in the projected facts of the case and will have no bearing on the merits of the matter.
With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
June 21, 2022 Judge
Mukesh
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