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Himachal Pradesh High Court · body

2019 DIGILAW 63 (HP)

Dil Bahadur v. State of H. P.

2019-01-07

VIVEK SINGH THAKUR

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JUDGMENT : Vivek Singh Thakur, J. Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case FIR No. 139 of 2018 dated 26.11.2018 registered at Police Station Dharampur under Section 20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) 2. Status report stands filed and record perused, perusal whereof indicates that petitioner was apprehended on 26.11.2018 along with a bag, wherefrom 305 grams charas is alleged to have been recovered, as per the prosecution case. During police remand, he was interrogated intensively and every time, he has replied that he has purchased this charas from a Nepali person for personal consumption and on inquiring about bank accounts and property of petitioner, it has been found that he is not having any account in any bank and he is residing in village Gahi in rental accommodation along with his family and he is mason by profession. 3. On inquiry, the Investigating Officer, present in Court, submits that during investigation it has come that petitioner is living in village Gahi for the last 32 years. It is further stated in the status report that there is no other case registered against the petitioner in Police Station and investigation is complete and challan has been prepared and presented in the Court. 4. Quantity of charas, which is recovered from the petitioner, though more than small, but less than commercial. Therefore, rigors of Section 37 of NDPS Act shall not be applicable in the present case. It is submitted by the Investigating Officer, present in Court, that he is first offender and though basically he belongs to Nepal, but is residing in village Gahi for the last 32 years and his Adhar Card bearing No. 903671892232 and ration card of his family have also been placed on record, which indicate that including him, there are four members in his family living in village Gahi. Charge against the petitioner is yet to be established during trial. 5. Learned Additional Advocate General submits that petitioner is basically resident of Nepal. 6. Learned counsel for the petitioner states that he is ready to furnish local surety. 7. Charge against the petitioner is yet to be established during trial. 5. Learned Additional Advocate General submits that petitioner is basically resident of Nepal. 6. Learned counsel for the petitioner states that he is ready to furnish local surety. 7. In aforesaid facts and circumstances, without commenting upon the merits of case, I find it appropriate to release the petitioner on bail, subject to furnishing personal bond in the sum of Rs.50,000/- with one local surety in the like amount to the satisfaction of learned trial Judge, subject to the following conditions:- (i) That the petitioner shall make himself available before the trial Court on each and every date as and when required; (ii) That the petitioner shall 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (ii) That he shall not obstruct the smooth progress of the trial; (iii) That he shall not jump over the bail and also shall not leave the jurisdiction of Himachal Pradesh without information and shall inform, in writing, regarding change of address, if any, from the present place of residence, in advance, to P.S. Dharampur. (v) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected or the commission of which he is suspected. (vi) That petitioner shall not misuse his liberty in any manner. 8. It will be open to the prosecution to apply for imposing any such other or further condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 9. In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law. 10. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013. Petition stands disposed of. 11. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law. 10. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013. Petition stands disposed of. 11. Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973.