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2019 DIGILAW 1494 (HP)

Saria v. State Of Himachal Pradesh

2019-10-03

CHANDER BHUSAN BAROWALIA

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JUDGMENT : Chander Bhusan Barowalia, J. The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for grant of bail in case FIR No. 162/19, dated 22.09.2019, under Sections 21- 61-85 of the Narcotic Drugs and Psychotropic Substances Act and Section 308 of the Indian Penal Code, registered at Police Station Indora, District Kangra, H.P. 2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further she is resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. So, she be released on bail. 3. Police report stands filed. As per the prosecution story, on 22.09.2019, a police party had laid a nakka near place Milwan Chowk. Around 03:10 p.m., the petitioner deboarded the private bus and on seeing the police party, thrown some envelop on the road. When the police tried to stop her, the petitioner made an attempt to run away from the spot, however, she slipped from the height and police party nabbed her. When the envelop was checked it was containing 5.80 gms of heroine (chitta). Consequently, FIR No. 162/19, dated 22.09.2019, under Sections 21-61-85 of the Narcotic Drugs and Psychotropic Substances Act and Section 308 of the Indian Penal Code, came to be registered against the petitioner. Hence, the present petition. 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 has been falsely implicated in the present case. He has further argued that the petitioner is permanent resident of Himachal Pradesh 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 the petitioner behind the bars for an unlimited period, so the bail application be allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence, so at this stage, in case she is enlarged on bail, she may tamper with the prosecution evidence and may also flee from justice. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence, so at this stage, in case she is enlarged on bail, she may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner be dismissed. 6. At this stage, taking into consideration the recovered contraband, i.e. 5.80 gms, including the polythene envelop, which can be taken at least 2 to 3 gms, the quantity of the recovered contraband comes to 2 to 3 gms only. Further, the petitioner is a young lady of 26 years, having two minor children, permanent resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and the fact that she cannot be kept behind the Bars for an unlimited period. So, considering the overall facts, which have come on record, and without discussing the same at this stage, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in her favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No. 162/19, dated 22.09.2019, under Sections 21-61-85 of the Narcotic Drugs and Psychotropic Substances Act and Section 308 of the Indian Penal Code, registered at Police Station Indora, District Kangra, H.P. , shall be released on bail forthwith in this case, subject to her furnishing personal bond in the sum of Rs.10,000/- (rupees ten thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court/Police/authorities 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. 7. In view of the above, the petition is disposed of.