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2025 DIGILAW 1089 (HP)

Rishabh Negi v. State of Himachal Pradesh

2025-05-22

BIPIN CHANDER NEGI

body2025
JUDGMENT : Bipin Chander Negi, J. The present bail petition has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail, arising out of FIR No.51/2024 dated 16.12.2024, registered at Police Station, Deha, District Shimla, Himachal Pradesh, for an offence punishable under Sections 21 &29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. ASI Sheetal Prakash, I/O Police Station, Deha, District Shimla, is present along with record. Status report stands filed. The same is taken on record. 3. Status report perused. I have heard learned counsel for the parties. 4. The incident, in the case at hand is dated 16.12.2024. On the said date, the Police party concerned was on patrolling duty in an area Balag-Naina. One of the objective of the Police party was to check the drug menace in the aforesaid area. At about 8:15 a.m., Police party, in the case at hand reached Balag Nullah. At that particular point in time, one white coloured car was parked on the side of the road. The car was facing towards Sainj. The car was an Alto K10 make bearing number HP-10-1414. There were three people who were sitting inside the car. 5. Upon inquiry by the Police party, as to why the car was parked in solitude, they got perplexed and could not assign any satisfactory reason. Foul smell was emanating from the car. On inquiry, the Driver of the car disclosed his name to be Ankush. The bail petitioner was sitting in the co-driver seat. An individual named Lucky Thakur was sitting on the rear seat. 6. On search of the vehicle, one packet kept underneath the mat was recovered from the seat adjacent to the seat of the Driver. The contraband recovered was found to be Heroin. The weight of the contraband was found to be 10.23 grams. The bail petitioner was arrested on 16.12.2024 and is presently in judicial custody. 7. Challan in the case stands filed on 13.02.2025. Investigation in the case at hand is complete. Nothing is to be recovered from the bail petitioner. The quantity of the contraband involved is an intermediate quantity. The vehicle from which the contraband was recovered is owned by the bail petitioner. 8. 7. Challan in the case stands filed on 13.02.2025. Investigation in the case at hand is complete. Nothing is to be recovered from the bail petitioner. The quantity of the contraband involved is an intermediate quantity. The vehicle from which the contraband was recovered is owned by the bail petitioner. 8. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner. Guilt is to be ascertained at the trial. 9. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 10. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. 11. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. Punishment begins after conviction. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner, whereby it can be made out that the petitioner is likely to betray the confidence that the Court may place in him to turn out to take justice at the hands of the Court. As per the status report, bail petitioner is stated to be a resident of Village Near Poly-technical College, Tehsil Rohru, District Shimla. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 12. The respondent-State has not expressed any apprehension regarding his fleeing from the course of justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 13. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 12. The respondent-State has not expressed any apprehension regarding his fleeing from the course of justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 13. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No.51/2024 dated 16.12.2024, registered at Police Station, Deha, District Shimla, Himachal Pradesh, for an offence punishable under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs. 50,000/- (Rupees Fifty Thousand) with one surety in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:-. (i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Numbers, Email, PAN Card, Bank Account Number, if any; & (vi). It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Numbers, Email, PAN Card, Bank Account Number, if any; & (vi). It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard 14. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 15. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 16. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail, Kaithu, Shimla, H.P., through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 17. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail, Kaithu, Shimla, H.P., is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent, District Jail, Kaithu, Shimla, H.P., is further directed that if the petitioner fail to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 18. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail, Kaithu, Shimla, H.P. and the learned trial Court by FASTER. 19. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court.