Himachal Pradesh High Court
Sidharth Chauhan vs State Of Himachal Pradesh on 22 August, 2023
Author: Sushil Kukreja
Bench: Sushil Kukreja
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
Cr. MPs(M) No. 1921 of 2023 & 1980 of 2023 Reserved on: 18.08.2023 Decided on: 22.08.2023 (1) Cr. MP(M) No. 1921 of 2023 Sidharth Chauhan ....Petitioner of Versus State of Himachal Pradesh ....Respondent (2) Cr. MP(M) No. 1980 of 2023 rt Rohit Sharma ....Petitioner Versus State of Himachal Pradesh ....Respondent Coram The Hon'ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the petitioner(s) : Mr. Ajay Kochhar, Senior Advocate with Mr. Abubhav Chopra, Advocate.
For the respondent : Mr. Raj Kumar Negi, Additional Advocate General.
Sushil Kukreja, Judge Since both the bail petitions arise out of an FIR No. 125/2023 dated 16.07.2023, they have been heard together and are being disposed of by this common order.
1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 22/08/2023 20:35:20 :::CIS 22. By way of instant petitions, filed under Section .
439 of the Criminal Procedure Code, the petitioners are seeking bail in case F.I.R. No. 125/2023, dated 16.07.2023, registered at Police Station Sadar-Shimla, District Shimla, H.P., under Sections 21 & 29 of the of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "NDPS Act").
2. rt The prosecution story, in brief, is that on 16.07.2023 while police party was on routine patrolling duty and at about 6:20 P.M., present near Slaughter House, Lalpani, they received a secret information that Rohit Sharma and Sidharth Chauhan (petitioners herein) are engaged in illegal trade of selling/purchasing chitta/heroin and to purchase chitta/heroin, they had gone to Parwanoo/Chandigarh in their vehicle, Tata Harrier, bearing registration No. HP03C-8923. It was further informed that they will come back by Lalpani Bypass road and if their vehicle was stopped and searched, huge, quantity of chitta/heroin could be recovered. Accordingly, the police party waited for the petitioners and associated Vicky Thapar and Sumit Lal as ::: Downloaded on - 22/08/2023 20:35:20 :::CIS 3 independent witnesses in the proceedings. Around 7:10 .
P.M., the police party saw Tata Harrier car coming from ISBT, Shimla side in a high speed, which was signaled to stop. The driver of the said car stopped the vehicle by applying the brakes and on seeing the police party, he of tried to run away from the spot, however, the said vehicle was stopped by the police. The person sitting on the rt driving side of the vehicle disclosed his name as Rohit Sharma, whereas, the person sitting on co-driver seat of the vehicle disclosed his name as Sidharth Chauhan.
During search of the vehicle, when armrest area was checked, the police recovered a carry bag. When said carry bag was opened, it was found containing light yellow and brown coloured substance and burnt currency note of Rs. 10/- with foil paper. The recovered substance was found to be chitta/heroin and on weighment, it was found to be 71.10 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the accused persons and they were arrested.
::: Downloaded on - 22/08/2023 20:35:20 :::CIS 43. The bail petitions have been filed on the .
ground that the petitioners are innocent and have been falsely implicated in this case. Learned counsel for the petitioners has contended that investigation in this case is complete and nothing remains to be recovered at the of instance of the petitioners, as such, they are required to be released on bail.
4. Per rt contra, learned Additional Advocate General opposed the bail application on the ground that keeping in view the gravity of the offence alleged to have been committed by the petitioners, they are not entitled to be enlarged on bail.
5. I have heard the learned counsel for the petitioners as well as learned Additional Advocate General and have also gone through the record of the case. The perusal of the record indicates that the quantity of chitta/heroin, involved in the present case is 71.10 grams, which is an intermediate quantity. Therefore, rigors of Section 37 of the NDPS Act are not applicable in the present case. The petitioners were arrested on 17.07.2023 and since then they are behind the bars. There is no ::: Downloaded on - 22/08/2023 20:35:20 :::CIS 5 evidence on record to suggest that the petitioners will .
tamper with the prosecution evidence or will flee from justice, if released on bail. Moreover, the trial may take sufficiently long time to conclude, therefore, no fruitful purpose will be served if the petitioners are kept behind of the bars for an unlimited period.
6. Considering the overall facts and rt circumstances of the case and since the quantity of heroin involved in this case is 71.10 grams, which is an intermediate quantity, this Court finds that the present is a fit case where judicial discretion to admit the petitioners on bail is required to be exercised in their favour.
Accordingly, the bail applications are allowed and it is ordered that the petitioners, who have been arrested by the police, in case F.I.R. No. 125/2023, dated 16.07.2023, registered at Police Station Sadar-Shimla, District Shimla, H.P., under Sections 21 & 29 of NDPS Act, shall be forthwith released on bail, subject to their furnishing personal bond to the tune of Rs. 1,00,000/- (Rupees one lac) each, with one surety in the like amount each, to the ::: Downloaded on - 22/08/2023 20:35:20 :::CIS 6 satisfaction of learned Trial Court. This bail order is .
subject, however, to the following conditions:-
(i) that the petitioners will appear before the Court and the Investigating Officer whenever required ;
(ii) that they 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 any facts to the Court or the police;
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(iii) that they will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorise them in any manner;
(iv) that they will not repeat the offence, as is alleged to have been committed by him.
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(v) that they will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case.
(vi) that they will not leave India without prior permission of the Court.
7. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioners.
8. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein.
(Sushil Kukreja)
August 22, 2023 Judge
(raman)
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