Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 377 (HP)

NANDA PARMANAND v. STATE OF HIMACHAL PRADESH

2016-03-31

TARLOK SINGH CHAUHAN

body2016
JUDGMENT : TARLOK SINGH CHAUHAN, J. 1. The petitioner has sought pre-arrest bail in FIR No. 26 of 2016 registered at Police Station, Manali, District Kullu, H.P., on 5.2.2016, under Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act). The respondent has produced the records of investigation and has also filed the status report. 2. Record reveals that on 5.2.2016 FIR No. 26 of 2016 came to be registered at Police Station Manali against one Puran Chand under section 29 of the NDPS Act. It appears that it was during the course of interrogation and investigation that the accused Puran Chand named the present petitioner as a source from where he had purchased the alleged contraband and it is thereafter that the present petitioner has been arrayed as an accused and apprehending his arrest has approached this Court for grant of pre-arrest bail. The record further reveals that in so far as the accused Puran Chand is concerned, he already stands released on bail by the learned Sessions Judge, Kullu. Once it is so, then I see no reason why the petitioner should be denied bail, not only on the ground of parity, but also taking into consideration the fact that it was not the petitioner from whom the recovery had been effected, but the same had been effected from Puran Chand. 3. Now in so far as the exact complicity and role of the accused in the commission of offence is concerned, the same can be established during the course of trial and that in itself cannot be a ground to deny the bail to the petitioner. The petitioner otherwise is not only a permanent resident of District Kullu, but is Up-Pradhan of the area and therefore, there is hardly any scope of the petitioner jumping the bail or not associating in the trial of the case. 4. Accordingly, the petition is allowed and the petitioner is directed to be released on bail in FIR No. 26 of 2016 registered at Police Station, Manali, District Kullu, H.P., on 5.2.2016, under section 29 of NDPS Act, on his furnishing personal bond in the sum of Rs. 4. Accordingly, the petition is allowed and the petitioner is directed to be released on bail in FIR No. 26 of 2016 registered at Police Station, Manali, District Kullu, H.P., on 5.2.2016, under section 29 of NDPS Act, on his furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of Judicial Magistrate Ist Class, Kullu, H.P., with the following conditions:- (i) 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; (ii) he shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; (iii) 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 (iv) he shall not leave the territory of India without prior permission of the Court. Learned Judicial Magistrate Ist Class, Kullu, H.P., is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013. 5. Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.