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2020 DIGILAW 268 (HP)

Bhupender Mehta v. State Of Himachal Pradesh

2020-05-04

CHANDER BHUSAN BAROWALIA

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JUDGMENT Chander Bhusan Barowalia, J. - The matter is taken up through video conference. 2. The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 20 of 2020, dated 13.02.2020, under Sections 20 and 29 of the ND&PS Act, registered in Police Station Sadar Solan, District Solan, H.P. 3. As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. The petitioners are permanent resident of District Shimla 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 them behind the bars for an unlimited period, so they be released on bail. 4. Police report stands filed. As per the prosecution story, on 13.02.2020 a police team, in civil clothes, was on patrol duty at Solan. During night, around 12.40 a.m., at Saproon, police spotted a pickup and the inside lights of the vehicle were lit. There were three occupants in the vehicle and when they were asked why in mid night they are sitting in the vehicle, they got baffled. On suspicion, police inquired about their whereabouts and the occupants disclosed their names. The petitioners disclosed their names as Bhupender Mehta and Naresh Mehta and other co-accused disclosed his name as Pankaj Kalta. Police tried to associate independent witnesses, but due to late night hours, no one could be associated. Thereafter, the police conducted search of the vehicle and found a bag of one of the persons. The said bag contained some stick shaped substance, which was charas. On weighment, the contraband was found to be 712 grams. Thereafter, the police completed all the codal formalities. The vehicle alongwith its documents was seized. A case was registered under the apt Sections of ND&PS Act. Statements of the witnesses were recorded and contraband was sent for chemical analysis. The petitioners and the co-accused were arrested. During the course of investigation, the accused persons divulged that they purchased the charas from some unknown nepali person. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners have committed a serious crime. Statements of the witnesses were recorded and contraband was sent for chemical analysis. The petitioners and the co-accused were arrested. During the course of investigation, the accused persons divulged that they purchased the charas from some unknown nepali person. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners have committed a serious crime. In case the petitioners are enlarged on bail, at this stage, they may tamper with the prosecution evidence and may also flee from justice, so the bail applications of the petitioners be dismissed. 5. I have heard the learned Counsel for the petitioners, learned Additional Advocate General for the State and gone through the records, including the police report, carefully. 6. The learned Counsel for the petitioners has argued that the petitioners have been falsely implicated in the present case. He has further argued that the petitioners are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as they are permanent residents of District Shimla. He has further argued that no fruitful purpose will be served by keeping the petitioners behind the bars for an unlimited period, especially when their custody is not at all required by the police and also considering the fact that co-accused, Pankaj Kalta, has already been enlarged on bail by this Court, so the petitions may be allowed and the petitioners may be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioners have committed a serious crime. He has further argued that in case they are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail applications of the petitioners may be dismissed. 7. In rebuttal the learned Counsel for the petitioners has argued that the petitioners cannot be kept behind the bars for an unlimited period, especially when investigation is complete, nothing is to be recovered at the instance of the police, in the wake of the fact that custody of the petitioners are not at all required by the police and also the fact that co-accused, Pankaj Kalta, has already been enlarged on bail by this Court, so the petition be allowed and the petitioners be enlarged on bail. 8. 8. At this stage, considering the fact that the petitioners are permanent residents of District Shimla and thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the fact that co-accused, Pankaj Kalta, has already been enlarged on bail by this Court, the custody of the petitioners is not at all required by the police, the petitioners are ready and willing to abide by the terms and conditions of bail, in case so granted, considering the quantity of the recovery contraband, which is non-commercial quantity, and also the fact that the petitioners 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 petitioners on bail is required to be exercised in their favour. Accordingly, the petitions are allowed and it is ordered that the petitioners, who have been arrested by the police in case FIR No. 20 of 2020, dated 13.02.2020, under Sections 20 and 29 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 their furnishing personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand) each with one surety each in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioners will appear before the learned Trial Court/Police/authorities as and when required. (ii) That the petitioners will not leave India without prior permission of the Court. (iii) That the petitioners 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. 9. In view of the above, the petitions are disposed of. Copy dasti.