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2019 DIGILAW 2033 (HP)

Madan Gopal v. State Of Himachal Pradesh

2019-12-28

CHANDER BHUSAN BAROWALIA

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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. 189 of 2019, dated 09.09.2019, under Section 21 of the ND&PS Act, registered in Police Station Sadar Solan, District Solan, 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 permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. 3. Police report stands filed. As per the prosecution story, on 08.09.2019 a police team was on routine patrol duty near Dohri Diwal, Solan. At about 10:30 p.m. police spotted a person coming and he was holding a bag in his hand. On seeing police, the said person took a slew and started running. Police apprehended him in presence of independent witnesses and on being inquired, he could not answer satisfactorily. He disclosed his name as Madan Gopal (petitioner herein). The bag carried by the petitioner was checked, which contained a wallet having five coins of one rupee, a gas lighter, currency note of Rs. 10/-, which was burnt and some brownish substance. The substance was checked through drug detection kit and found to be heroin, which, on weighment was 21.72 grams. Thereafter, the police completed all the codal formalities. Recoveries were effected and a case under the apt section of ND&PS Act was registered. Police prepared the spot map and recorded the statements of the witnesses under Section 161 Cr.P.C. The petitioner was arrested and during the course of interrogation he disclosed that he purchased the heroin from a Nigro at Delhi, but he could not disclose with certainty the whereabouts of that person. A police team was sent to Delhi for apprehending the said Nigro, but he could not be found. The recovered contraband, on being chemically analyzed was found to be heroin. As per the police, investigation in the case is complete and on 30.10.2019 challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. The recovered contraband, on being chemically analyzed was found to be heroin. As per the police, investigation in the case is complete and on 30.10.2019 challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed. 4. I have heard the learned Senior Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. The learned Senior 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 the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period. The petitioner is only 19 years of age, he is a drug addict and not a drug peddler, so the petition may be allowed and the petitioner may be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be dismissed. 6. In rebuttal the learned Senior Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, especially when his custody is not required by the police and also in the wake of the facts that the investigation is complete, challan stands presented in the learned Trial Court and also the fact that the petitioner is a drug addict and not a drug peddler, so the application be allowed and the petitioner be enlarged on bail. 7. 7. At this stage, considering fact that the petitioner had kept the contraband for his self consumption, he is a drug addict and not a drug peddler, considering the age of the petitioner, who is only 19 years of age, the fact that the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, considering the overall material, which has come on record, and without discussing the same at this stage, the petitioner is ready and willing to abide by the terms and conditions of bail, in case so granted, and also the fact that the petitioner cannot be kept behind the bars for an unlimited period, so 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 his favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police in case FIR No. 189 of 2019, dated 09.09.2019, under Section 21 of the ND&PS Act, registered in Police Station Sadar Solan, District Solan, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs.25,000/- (rupees twenty five 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. 8. In view of the above, the petition is disposed of. Copy dasti.