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2025 DIGILAW 171 (HP)

Anil Kumar v. State of Himachal Pradesh

2025-01-13

BIPIN CHANDER NEGI

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JUDGMENT : Bipin Chander Negi, J. The bail petitions, in the case at hand, are being taken up together, as they are arising out from the same FIR. The present bail petitions have been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail. The same arises out of FIR No.17/24, dated 17.10.2024, registered at Police Station Bagga, District Solan, Himachal Pradesh, under Sections 15, 18, 20 and 29 of NDPS Act. 2. Heard counsel for the parties. Perused the status report. Copy whereof, has also been supplied to learned counsel appearing on behalf of the petitioners. 3. The brief facts giving rising to the present case are that the police on a tip, had stopped a Maruti Wagnor Car (red colour) bearing Registration No.HP-24D-5368. On stopping the car, the police on enquiry found out that the vehicle was owned by one Anil Kumar, who was driving the vehicle. Along with Anil Kumar, one individual namely Manohar Lal, was seating adjacent to the driver’s seat. On checking the vehicle, 19.48 grams opium was found from the dashboard of the Vehicle. 4. Other than the aforesaid, from the dashboard of the vehicle 53.6 grams of charas were also recovered. Besides the aforesaid, from the trunk of the vehicle 3.109 Kg of poppy straw/Doda was recovered. The aforesaid incident had occurred on 17.10.2024 at about 11:15 AM. 5. As per the story of the prosecution, on 17.10.2024, at about 8:30 AM, Manohar Lal had called Anil Kumar on his mobile and had called him to a place named Padiyar, where both of them had been apprehended. As per the prosecution, Manohar Lal is alleged to have loaded the aforesaid contraband into the vehicle of Anil Kumar. 6. During the investigation, Manohar Lal revealed that he is an agriculturist and he had obtained the contraband from one Dille Ram. Investigation with respect to link inter se Manohar Lal and Dille Ram was conducted. 7. The house of Dille Ram was searched for contraband. However, no contraband was found in the house of Dille Ram. There were no financial transactions found inter se Dille Ram and Manohar Lal or inter se Dille Ram and Anil Kumar. 8. There are call details for the period 12.10.2024 to 17.10.2024, wherein Manohar has spoken with Anil Kumar. 7. The house of Dille Ram was searched for contraband. However, no contraband was found in the house of Dille Ram. There were no financial transactions found inter se Dille Ram and Manohar Lal or inter se Dille Ram and Anil Kumar. 8. There are call details for the period 12.10.2024 to 17.10.2024, wherein Manohar has spoken with Anil Kumar. Other than the aforesaid, call details from 12.10.2024 till 16.10.2024 reflect that there have been call details inter se Manohar and Dille Ram. 9. The investigation, in the case at hand, is complete and post completion of investigation, challan in case at hand has been filed before the concerned Court on 18.11.2024. The matter is listed today before the trial Court for supplying of copies to the accused. Trial, in the case at hand, is yet to commence. 10. At the time of deciding the bail petition, a detailed discussion of evidence so collected and produced by the prosecution, is to be avoided, as it may cause prejudice to the case of the prosecution or to the case of the accused/applicant. 11. Bail petitioners are in custody since 17.10.2024. Trial is going to take time for its conclusion. The charges against the bail petitioners are yet to be proved. Pre-trial incarceration is not the rule. No past criminal history has been attributed to the present bail petitioners. Further detention of the accused would not serve any fruitful purpose, rather would prove pre-judicial to the rights of the petitioners. 12. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. 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. 13. 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 preventive. 14. The respondent/State in the status report filed have not expressed any apprehension regarding the petitioners fleeing from the course of justice and adversely affecting the trial by intimidating the witnesses. In this regard, suffice it to state that the petitioners can be put to terms for the purpose of safe, secure and unobstructed completion of trial. 15. 14. The respondent/State in the status report filed have not expressed any apprehension regarding the petitioners fleeing from the course of justice and adversely affecting the trial by intimidating the witnesses. In this regard, suffice it to state that the petitioners can be put to terms for the purpose of safe, secure and unobstructed completion of trial. 15. 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 petitioners on bail is required to be exercised in their favour. Accordingly, the bail applications are allowed and it is ordered that the petitioners, who have been arrested by the police, in FIR No.17/24, dated 17.10.2024, registered at Police Station Bagga, District Solan, Himachal Pradesh, under Sections 15, 18, 20 and 29 of NDPS Act, shall be forthwith released on bail, subject to their furnishing personal bond to the tune of Rs.50,000/- [Rupees fifty thousand] each with one local surety each in the like amount, to the satisfaction of learned Trial Court. This bail order is subject, however, to the following conditions:-. (i) Petitioners 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) Petitioners shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioners will not leave India without prior permission of the Court; (iv) Petitioners 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) Petitioners shall inform the Station House Officer of the concerned police station about their 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 their Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioners are arraigned as an accused, in future, in any FIR, then their bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 16. It is open for the Investigating Agency to move appropriate application in that regard. 16. 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 petitioners. 17. 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. 18. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Model Central Jail Kanda, District Shimla, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 19. In case, the petitioners are not released within a period of seven days from the date of grant of bail, the Superintendent, Model Central Jail Kanda, District Shimla, H.P., is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent, Model Central Jail Kanda, District Shimla, H.P., is further directed that if the petitioners 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. 20. The petitions stand accordingly disposed of. A copy of this order be sent to the Superintendent, Model Central Jail Kanda, District Shimla, H.P. and the learned trial Court by FASTER. 21. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioners 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.