Himachal Pradesh High Court
Gautam Rathor vs State Of H.P on 28 April, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.M.P(M) No. 977 of 2023
.
Decided on: 28th April, 2023
Gautam Rathor .......Applicant
Versus
State of H.P. ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant: Mr. Arvind Sharma, Advocate.
For the respondent: Ms. Sharmila Patial, Addl. A.G with
r Mr. Arsh Rattan and Ms. Ayushi
Negi, Dy. A.Gs.
Virender Singh, Judge. (Oral)
Applicant-Gautam Rathor has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), for releasing him on bail, during the pendency of trial, in case FIR No. 82 of 2023, dated 5th April, 2023, registered with Police Station Sundernagar, District Mandi, H.P., under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act') for allegedly possessing contraband, i.e. 174 grams charas.
1Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 28/04/2023 20:50:03 :::CIS 22. According to the applicant, he is innocent and has .
falsely been implicated, in the present case, on the basis of distorted facts. According to him, nothing has been recovered from him and he has falsely been implicated, in this case. According to him, he is the sole bread earner of his family, consisting of his old parents and two sisters. The
3. to applicant is stated to be in judicial custody.
According to him, no useful purpose would be served by keeping him in judicial custody, as, the chances of commencement of trial in near future are not so bright.
4. On the basis of factual position, as asserted in the application, learned counsel appearing for the applicant has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, released on bail, during the pendency of the trial.
5. The bail applicant has tried his luck by moving application under Section 439 Cr.P.C before the learned Special Judge, Sundernagar. However, his bail application was dismissed by the learned Special Judge, vide order dated 17.04.2023. The copy of the said order has been placed on record as Annexure P-1.
::: Downloaded on - 28/04/2023 20:50:03 :::CIS 36. When put on notice, the police filed the status .
report today in the Court, disclosing therein:-
"The prosecution allegations against the applicant are that on 05.04.2023 the applicant was travelling in bus bearing registration No. PB-63AT-1687 going from Manali to Chandigarh. The bus was stopped by police party by ASI Daulat Ram at place Pungh Four-lane at about 12:00 PM. The police party conducted the search of luggage of the passengers and the applicant was sitting on seat No.2 of the bus who became perplexed and was hesitant to get his search conducted. ASI Daulat Ram got suspicion that the applicant was carrying some illegal substance on which he requested the passengers of the bus to join as witness to the search. Thereafter, the applicant disclosed his name to ASI Daulat Ram as Gautam Rathor son of Sh. Lokinder Singh Rathor resident of village Shanti Villa, Engine Ghar, Sanjauli District Shimla, HP. During search 174 grams chars/cannabis was recovered from the pithu bag of applicant after completing the codal formalities, aforesaid FIR was registered against the applicant."
7. It is further case of the police, as disclosed from the status report, that the contraband, so recovered, was forwarded to the State Forensic Science Laboratory, Junga, from where, positive report has been received.
::: Downloaded on - 28/04/2023 20:50:03 :::CIS 48. It has specifically been mentioned in the status .
report that no other criminal case has been registered against the applicant. However, in the concluding paragraph of the status report, the police has expressed the apprehension that, in case, the applicant is released on bail, he may coerce the witnesses and may affect the investigation of the case. It has also been apprehended, that in case, the applicant is released on bail, he may indulge in the similar activities.
9. On the basis of above facts, it has vehemently been argued by learned Deputy Advocate General that the bail application may kindly be dismissed.
10. The contraband allegedly recovered from the possession of the applicant admittedly falls within the intermediate quantity, as such, rigors of Section 37 of the NDPS Act are not applicable.
11. No other criminal history of the bail applicant has been mentioned in the status report, as such, the presumption of innocence is still available to the applicant.
12. The commencement of the trial and its conclusion in near future are not so bright, as such, no useful purpose would be served by keeping the applicant in the judicial ::: Downloaded on - 28/04/2023 20:50:03 :::CIS 5 custody, as, pre-trial punishment is prohibited under the law.
.
So far as the apprehensions, which have been expressed by the police, in the status report, and vehemently been argued by learned Deputy Advocate General, are concerned, for those apprehensions, reasonable conditions can be imposed.
13. Considering all these facts, this Court is of the view accordingly allowed.
r to that the bail application is liable to be allowed and is
14. The applicant is ordered to be released on bail in case FIR No. 82 of 2023, dated 5th April, 2023, registered with Police Station, Sundernagar, District Mandi, H.P. under Section 20 of the NDPS Act, on his furnishing personal bail bond, in the sum of ₹ 25,000/-, with one surety of the like amount, to the satisfaction of learned Special Judge, Sundernagar, District Mandi, H.P. This order, however, shall be subject to the following conditions:
a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;::: Downloaded on - 28/04/2023 20:50:03 :::CIS 6
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 promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and
d) He shall not leave the territory of India without the prior permission of the Court.
15. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.
16. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.
17. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Mandi through e-
mail, with a direction to enter the date of grant of bail in the e-
prison software.
18. In case, the applicant is not released within a period of seven days from the date of grant of bail, the ::: Downloaded on - 28/04/2023 20:50:03 :::CIS 7 Superintendent of Jail, Mandi is directed to inform this fact to .
the Secretary, DLSA, Mandi. The Superintendent of Jail, Mandi is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.
April 28, 2023
(naveen) r to ( Virender Singh )
Judge
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