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Himachal Pradesh High Court · body

2016 DIGILAW 98 (HP)

RAKESH KUMAR v. STATE OF HIMACHAL PRADESH

2016-02-12

TARLOK SINGH CHAUHAN

body2016
JUDGMENT : TARLOK SINGH CHAUHAN, J. 1. The petitioner has filed this regular bail application in case FIR No.16/2016, dated 01.02.2016, registered at Police Station, Kumarsain, District Shimla, H.P., under Section 206185 of the Narcotic Drugs and Psychotropic Substances Act (for short ND&PS Act). 2. The respondents have produced the records of investigation and have also filed the status report. 3. As per the prosecution story, 100 grams of 'Charas' is alleged to have been recovered from the possession of the petitioner. The only ground on which the bail application of the petitioner is being opposed is that the petitioner is an habitual offender and had infact earlier been apprehended with 500 grams of 'Charas'. 4. At this stage, it is pointed out by the learned counsel for the petitioner that his client already stands acquitted of the said offence. Be that as it may. Since the complicity of the petitioner and the actual weight of the contraband and its recovery from the possession of the petitioner are all subject-matter of evidence and trial, I feel that the ends of justice would be subserved in case the discretion of bail is exercised in favour of the petitioner. 5. Admittedly, the petitioner belongs to District Solan and is presumed having roots in the society and it is not even the case of the prosecution that in the event of his being released on bail, he would abscond or would not face the trial. When the petitioner has not only joined the investigation, but has been in custody and has been fully cooperating with the Investigating Agency and there is no likelihood of his absconding, then the discretion of bail would definitely incline towards the petitioner being released on bail. 6. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in case FIR No.16/2016, dated 01.02.2016, registered at Police Station, Kumarsain, District Shimla, H.P., under Section 206185 of the Narcotic Drugs and Psychotropic Substances Act, on his furnishing personal bond in the sum of Rs. 6. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in case FIR No.16/2016, dated 01.02.2016, registered at Police Station, Kumarsain, District Shimla, H.P., under Section 206185 of the Narcotic Drugs and Psychotropic Substances Act, on his furnishing personal bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of any Judicial Magistrate Ist Class, stationed at Shimla District Shimla, 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, Shimla, District Shimla, 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. 7. 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. 8. Petition stands disposed of Copy Dasti.