Himachal Pradesh High Court
Ankush Thakur vs State Of Himachal Pradesh on 18 April, 2023
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No. 888 of 2023
Date of Decision: 18.04.2023
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__________________________________________________________
Ankush Thakur ....Petitioner.
Vs.
State of Himachal Pradesh .....Respondent.
Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?
For the petitioner: Mr. J.K. Verma, Advocate.
For the respondent: M/s Jitender Sharma, Tejesvi Sharma,
Pushpender Jaswal and Baldev Negi,
r Additional Advocate Generals, with Mr.
Gautam Sood, Deputy Advocate General.
Ajay Mohan Goel, Judge (Oral):
By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 44 of 2023, dated 16.02.2023, registered under Sections 21, 29 and 61 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') at Police Station Haroli, District Una, H.P.
2. The case of the prosecution is that Chitta (Heroin) weighing 72.01 grams was recovered from the vehicle of accused, i.e., white Alto car bearing registration No. HP89-3603, on 16.02.2023, at 12:40 p.m. at place Palakwah near Gasiana Ji Maharaj Temple, in which, besides the petitioner, three other persons were sitting. Thereafter, the petitioner ::: Downloaded on - 18/04/2023 20:42:54 :::CIS 2 alongwith co-accused were arrested and the petitioner is stated to be in custody since then.
3. Learned counsel for the petitioner has submitted that the .
petitioner is innocent and has nothing to do with the offence alleged against him. He further submitted that the petitioner has been falsely implicated in the case and there is no criminal history of the accused previously involved in any offence under the provisions of the ND&PS Act, though there is a case registered against him at Police Station Sadar, Bilaspur under Sections 341, 323 and 307 read with Section 34 of the Indian Penal Code. He further submitted that in case the petitioner is released on bail, he will abide by all the conditions that may be imposed upon him and as the alleged recovery is of intermediate quantity, it will be in the interest of justice, in case, the petitioner is released on bail.
4. The petition is opposed by the learned Additional Advocate General, on the ground that as the allegations against the petitioner is of having violated the provisions of the ND&PS Act, therefore, it will not be in the interest of justice to release him on bail. Learned Additional Advocate General has further submitted that the offence alleged against the petitioner is heinous, therefore also, he is not entitled to be released on bail and there is one other case registered against the petitioner under the provisions of the Indian Penal Code at Police Station Sadar, Bilaspur, which demonstrates that the petitioner is a habitual offender. He has drawn the attention of the Court to the order passed by ::: Downloaded on - 18/04/2023 20:42:54 :::CIS 3 learned Special Judge, Una, vide which, bail petition of the petitioner has been dismissed and submitted that the learned Court below has rightly rejected the bail application of the petitioner. He further submitted that .
taking into consideration the fact that the investigation is at its initial stage, release of the petitioner at this stage would hamper the investigation and, therefore, the petition be dismissed.
5. Having heard learned counsel for the petitioner as well as learned Additional Advocate General and having perused the status report as well as the order passed by the learned Special Judge, Una, while rejecting the application filed by the petitioner for release on bail, this Court is of the considered view that as the alleged recovery of contraband from the petitioner is of intermediate quantity and further taking into consideration age of the petitioner, who is 25 years old, it will be in the interest of justice, in case, this petition is allowed and the petitioner is ordered to be released on bail. The apprehension expressed by the learned Additional Advocate General can be taken care of by giving liberty to the State that in case the petitioner hampers the course of investigation etc., the State will be at liberty to approach the Court for cancellation of the bail by filing appropriate application in the present petition.
6. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in FIR No. 44/2023, dated 16.02.2023, registered under Sections 21, 29 and 61 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS ::: Downloaded on - 18/04/2023 20:42:54 :::CIS 4 Act') at Police Station Haroli, District Una, H.P., subject to his furnishing bail bonds in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with one surety of the like amount, to the satisfaction of concerned Chief .
Judicial Magistrate/ Additional Chief Judicial Magistrate/Judicial Magistrate First Class. The petitioner shall also abide by the following conditions:-
"(a) The petitioner shall attend the Trial of the case on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
(b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
(c) He shall not 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 Court or the Police Officer; and
(d) He will not leave the territorial jurisdiction of the Trial Court without the leave of the Court."
7. It is clarified that the findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail petition and learned Trial Court shall not be influenced, in any manner whatsoever, by any of the findings so returned by this Court in the adjudication of the present petition during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon him while granting the ::: Downloaded on - 18/04/2023 20:42:54 :::CIS 5 present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.
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(Ajay Mohan Goel)
Judge
April 18, 2023
(narender)
r to
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