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2020 DIGILAW 1 (HP)

Reena Devi v. State Of Himachal Pradesh

2020-01-01

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 her release in case FIR No.143 of 2019, dated 23.8.2019, under Section 21 of the ND and PS Act, registered in 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. She 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 her behind the bars for an unlimited period, so she be released on bail. 3. Police report stands filed. As per the prosecution story, on 23.8.2019, at about 5:30 p.m, HC/IO Vipan Kumar No.120, Police Post Thakurdwara alongwith Constable Dinesh Kumar No.1251, LC Sandeep Kaur No.1015, in a private vehicle bearing registration No.HP-68-2339 were on patrolling duty for detection of excise and Narcotics cases at place Barota Bag. In the meantime, one lady was coming from 'Pagdandi' (footpath) towards main road side and on seeing the police party, petitioner took out some pouch from her shirt and threw it in the bushes, turned back and started running. On checking with drug detection kit, it was found to be heroin/chitta. On weighing with the help of digital weighing machine, it was found 5.89 grams alongwith the polythene. Lastly, the prosecution has prayed that the bail application of the petitioner may 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. 6. 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. 6. On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, she is enlarged on bail, she 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. 7. At this stage, taking into consideration the facts, which have come on record that as the petitioner is residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, 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 favour of the petitioner. Under these circumstances, it is ordered that the petitioner be released on bail, in case FIR No.143 of 2019, dated 23.8.2019, under Section 21 of the ND and PS Act, registered in Police Station, Indora, District Kangra, on her furnishing personal bond to the tune of Rs.50,000/- (rupees fifty thousand only) 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 join investigation of case as and when called for by the Investigating Officer in accordance with law. 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.