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2020 DIGILAW 274 (HP)

Ravi Kumar v. State of H. P.

2020-05-06

VIVEK SINGH THAKUR

body2020
JUDGMENT : Vivek Singh Thakur, J. Cr.MP No. 681 of 2020 1. The document, annexed with this application, is taken on record. Application stands disposed of. Cr.MP(M) No. 478 of 2020 Present petition has been filed under Section 439 Cr.P.C. seeking bail in case FIR No. 17 of 2020 dated 4.3.2020 registered at Police Station Parwanoo, District Solan under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the ND & PS Act). 2. Status report stands filed. Perusal of status report as well as contents of petition reveal that petitioner was arrested on 04.03.2020 as on interception of motorcycle by the police, being driven by petitioner Ravi Kumar son of Shri Nand Lal, pillion rider Ravi Kumar son of Mishri Lal had thrown a matchbox towards valley side and on checking of the said matchbox, 5.59 grams heroin was found therein. 3. As stated in the status report, investigation is complete and challan is likely to be presented in Court. The quantity of recovered heroin is slightly more than small quantity of 5 grams, as prescribed under the NDPS Act. Petitioner is first offender and as per story of prosecution, at the time of interception of motorcycle, he was driving the motorcycle and matchbox was thrown by pillion rider. 4. No other criminal case much less the case under ND & PS Act, has been reported to have been registered prior to the present case. It is also a fact that quantity of 5.59 grams of heroin involved in present case is extremely close to the small quantity of 5 grams. 5. Considering the entire facts and circumstances in totality, it is clear that no fruitful purpose shall be served by keeping petitioner behind the bars. Therefore, petitioner is directed to be enlarged on bail in present case, subject to furnishing personal bond in the sum of Rs. 5. Considering the entire facts and circumstances in totality, it is clear that no fruitful purpose shall be served by keeping petitioner behind the bars. Therefore, petitioner is directed to be enlarged on bail in present case, subject to furnishing personal bond in the sum of Rs. 30,000/- with one surety in the like amount to the satisfaction of learned trial Court/Sessions Court/Special Court exercising the jurisdiction over concerned Police Station, within three weeks from today, subject to the following conditions:- (i) That the petitioner shall make himself available before investigating Officer as well as 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 investigation as well as trial; (iii) That he shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to P.S. Parwanoo, District Solan HP. (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. 6. 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 be 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. 7. 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. 8. Petition stands disposed of. 7. 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. 8. Petition stands disposed of. 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.