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2018 DIGILAW 587 (HP)

Mohit Sehgal v. State Of Himachal Pradesh

2018-04-09

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT Chander Bhusan Barowalia, J —The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 18 of 2018, dated 08.03.2018, under Section 20 of ND&PS Act, registered at Police Station Chintpurni, District Una, H.P. 2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he be released on bail. 3. Police report stands filed. As per the prosecution story, on 08.03.2018, around 12:15 a.m. police personnel had laid a nakka at place Thanikpura. Police intercepted vehicle bearing registration No. HP 20D-2743 and on asking the driver of the vehicle could not produce documents of the vehicle. Two more persons were sitting in the vehicle. Police recovered a polythene bag from the vehicle, which contained charas. The said contraband, on weighment, was found to be 427.69 grams. Police conducted the sealing formalities and the vehicle was taken into possession. Police registered a case against the petitioner and other co-accused. Statements of the witnesses were recorded and the spot was photographed. The petitioner was arrested. Sample of charas was sent for forensic analysis. Lastly, the prosecution has prayed that the bail application may be dismissed. 4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. The learned counsel for the petitioner has argued that the petitioner is innocent. The petitioner is the resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that no fruitful purpose will be served by keeping him behind the bars for an unlimited period. Conversely, the learned Additional Advocate General has argued that taking into consideration seriousness of the offence, the application of the petitioner may be dismissed. 6. In rebuttal the learned counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period. Conversely, the learned Additional Advocate General has argued that taking into consideration seriousness of the offence, the application of the petitioner may be dismissed. 6. In rebuttal the learned counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period. He has further argued that the petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be enlarged on bail. 7. At this stage considering the age of the petitioner, who, as per the police record is 25 years old, but as per the petitioner he is only 22 years old, the quantity of the recovered contraband, which is noncommercial quantity and also the fact that the petitioner is resident of the place neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so the petitioner cannot be kept behind the bars for an unlimited period. Therefore, the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police, in connection with FIR No. 18 of 2018, dated 08.03.2018, under Section 20 of ND&PS Act, registered at Police Station Chintpurni, District Una, H.P., he shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs. 50, 000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court as and when required. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) That the petitioner 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 such facts to the Investigating Officer or Court. 8. In view of the above, the petition is disposed of. Copy dasti.