Himachal Pradesh High Court
Vikas Sagar vs State Of Himachal Pradesh on 16 September, 2019
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 1709 of 2019 Decided on: 16th September, 2019 Vikas Sagar ....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. R.L. Verma, Advocate, vice Mr. R.P. Singh and Mr. Sunil Thakur, Advocates.
For the respondent/State: Mr. Shiv Pal Manhans and Mr. P.K. Bhatti, Additional Advocates General, with Mr. Raju Ram Rahi, Deputy r Advocate 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. 178 of 2019, dated 26.08.2019, under Section 21 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 permanent resident of District Kullu, Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 29/09/2019 04:23:43 :::HCHP 2 flee from justice. No fruitful purpose 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 25.08.2019 a police party was on routine patrol duty. At about 11:00 .
as person was spotted coming from Saproon Chowk and on seeing police he took a slew and started walking fast backwards. On suspicion police nabbed him and he disclosed his name as Vikas Sagar (petitioner herein). As the police had suspicion on the petitioner, an independent witness, i.e., Shri Surinder was associated. The petitioner was holding a carry bag in his hand. The said bag was checked and it was found containing some brownish substances, which was chitta (heroin). On weighment the contraband was found to be 10.94 grams.
Thereafter the police completed all the codal formalities. Statements of the witnesses were recorded and the spot map was prepared. Rukka was prepared and sent to the police station, whereupon FIR was registered. The petitioner was arrested and he, during the course of interrogation and investigation revealed that he purchased the said contraband from a person known as Prince for Rs. 10,000/-. He further disclosed that he is drug addict and sometimes he went to Delhi to purchase heroin for himself. Police sent the sample of contraband for forensic analysis and the report revealed that the sample was of Diacetylmorphine (Heroin). Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime. There is possibility that in case at ::: Downloaded on - 29/09/2019 04:23:43 :::HCHP 3 this stage the petitioner is enlarged on bail, he may flee from justice.
The petitioner can also tamper with the prosecution evidence, so his application be dismissed.
4. I have heard the learned vice counsel for the petitioner, .
learned Additional Advocate General for the State and gone through the record, including the police report, carefully.
5. The learned vice 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 permanent resident of District Kullu, Himachal Pradesh, and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period. He has argued that keeping in view the material, which has come on record, and also the age of the petitioner, the bail application be allowed. 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 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 vice 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, so the application be allowed and the petitioner be enlarged on bail.
::: Downloaded on - 29/09/2019 04:23:43 :::HCHP 47. At this stage, considering the fact that the petitioner is only 22 years of age, he is a student, also considering the fact that the petitioner is a drug addict and he had the contraband for his own use, there is a possibility that the petitioner may reform in case he is .
enlarged on bail, he is permanent resident of District Kullu, Himachal Pradesh, so neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, he is ready and willing to abide by the conditions of bail, if so granted, and 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. 178 of 2019, dated 26.08.2019, under Section 21 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.::: Downloaded on - 29/09/2019 04:23:43 :::HCHP 5
(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)
16th September, 2019 Judge
(virender)
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