RAVINDER KUMAR AND HEMU PANDHIT v. STATE OF HIMACHAL PRADESH
2016-02-19
RAJIV SHARMA
body2016
DigiLaw.ai
JUDGMENT : RAJIV SHARMA, J. 1. This application is instituted under section 439 of the Code of Criminal Procedure, 1973 for the grant of bail in case FIR No. 15 of 2015, dated 11.01.2015, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar, District Bilaspur, H.P. 2. The report furnished by the respondent-State is perused. According to the averments made in the petition, the petitioner has been falsely implicated. The petitioner is permanent resident of Village Sungal, Post Office Binola, Tehsil Sadar, District Bilaspur and there are no chances of his jumping the bail. He would always be available to face the trial. 3. Accordingly, the petition is allowed and the petitioner, who has been arrested in connection with case FIR No. 15 of 2015, dated 11.01.2015, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar, District Bilaspur, H.P., is ordered to be released on bail, subject to his furnishing personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Bilaspur with the following conditions: (i) He shall made 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; (ii) He shall not made any inducement, threat or promises 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; (iii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; (iv) He shall not leave the territory of India without the prior permission of the Court. 4. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. 5. Any observation made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone. The petition stands disposed of accordingly. 6. Copy dasti.