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2021 DIGILAW 219 (HP)

Ruby v. State of Himachal Pradesh

2021-04-08

CHANDER BHUSAN BAROWALIA

body2021
JUDGMENT : CHANDER BHUSAN BAROWALIA, J. 1. The instant bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking her release, in case FIR No. 197 of 2020, dated 25.12.2020, under Section 29, 29-61-85 of the ND&PS Act, registered in Police Station Damtal, 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 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, so she be released on bail. 3. Police report stands filed. Tersely, as per the prosecution story, on 25.12.2020, around 05:45 p.m., a police team was on routine patrol duty near Indora Modh, where they received a secret tip-off that that one Ruby (petitioner herein) deals in heroin and operates from her house. Acting upon the secret tip-off, police associated independent witnesses and reached the residence of the petitioner, where the petitioner and one Aman Verma (co-accused) were present. Thereafter, the house of the petitioner was searched and a transparent polythene packet was recovered, which contained some substance and, on being examined through Drug Detection Kit, it was found to be heroin, weighing 86 grams. Thereafter, all the codal formalities were completed. Police prepared the spot map and arrested the petitioner as also the co-accused (Aman Verma). During the course of interrogation, the petitioner divulged that they had purchased the contraband from one Rajat Kumar for Rs. 1,50,000/-. The recovered contraband, on being chemically examined, found to be Diacetyl Morphine (Heroin). As per the police, Rajat Kumar has been booked in another ND&PS case and is in judicial custody. Co-accused Raj Kumar was also arrested in the instant case. There are two more cases of ND&PS pending against the petitioner. On 24.02.2021, after completion of investigation, challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is habitual offender and she sells narcotics illegally. There is possibility that in case at this stage, if the petitioner is enlarged on bail, she may flee from justice and may tamper with the prosecution evidence, so her bail application be dismissed. 4. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is habitual offender and she sells narcotics illegally. There is possibility that in case at this stage, if the petitioner is enlarged on bail, she may flee from justice and may tamper with the prosecution evidence, so her bail application be dismissed. 4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully. 5. The learned Counsel for the petitioner have argued that the petitioner has been falsely implicated in the present case. They have further argued that the petitioner is 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 the petitioner behind the bars for an unlimited period, as investigation is complete, nothing remains to be recovered at the instance of the petitioner and challan stands presented in the learned Trial Court. The custody of the petitioner is not at all required by the police for investigation, so the bail application be allowed. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence and it is not the first time that she was found illegally possessing the contraband, earlier also she has been booked twice under the ND&PS Act, so she is a habitual offender and in case, at this stage, she is enlarged on bail, she may tamper with the prosecution evidence and may also flee from justice. It is prayed that the bail application of the petitioner be dismissed. 6. In rebuttal the learned Counsel for the petitioner have argued that the petitioner is neither in a position to flee from justice nor in a position to tamper with the prosecution evidence, as she is permanent resident of the place. Her custodial interrogation is not at all required by the police, as the investigation is complete, nothing remains to be recovered at the instance of the petitioner and challan also stands presented in the learned Trial Court. Moreover, the petitioner is a lady and cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition. 7. Moreover, the petitioner is a lady and cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition. 7. At this stage, after considering the age of the petitioner, the fact that she is a lady neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as she is resident of the place and also considering the facts that investigation is complete, challan stands presented in the learned Trial Court, custody of the petitioner is not at all required by the police, nothing remains to be recovered at the instance of the petitioner, considering the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case granted, and also considering the overall facts, which have come on record, and without discussing the same at this stage, 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 her favour. Accordingly, the petition is allowed and it is ordered that the petitioner, in case FIR No. 197 of 2020, dated 25.12.2020, under Section 29, 29-61-85 of the ND&PS Act, registered in Police Station Damtal, District Kangra, H.P., shall be released on bail forthwith in this case, subject to her furnishing personal bond in the sum of Rs. 50,000/- (rupees fifty 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.