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Himachal Pradesh High Court · body

2025 DIGILAW 178 (HP)

Bhola Dutt Sharma v. State of Himachal Pradesh

2025-01-21

BIPIN CHANDER NEGI

body2025
JUDGMENT : Bipin Chander Negi, J. The present bail petition has been filed under Section483 of the BNSS for grant of regular bail, in FIR No.187 of 2024, dated 08.08.2024, registered at Police Station Bhunter District Kullu, H.P. under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act. 2. Status report filed, the same is taken on record. Copy whereof supplied to learned counsel appearing on behalf of the petitioner. 3. I have heard learned counsel for the parties. Perused the record and the status report. 4. On 08.08.2024, a police party led by ASI Netar Singh was on patrol duty. At about 2.00 P.M., ASI Netar Singh received a secret information that one individual named Parvesh belonging to Ludhiana (Punjab) has brought huge quantity of heroin from Punjab and is staying in the house of Khem Raj. 5. As per the secret information received, Khem Raj and the present bail petitioner had come to purchase heroin. In the aforesaid circumstances as per the secret information received, if the rented premises of Parvesh was to be raided immediately, then huge cache of heroin could be recovered. 6. The aforesaid secret information was found to be well founded. The same was reduced into writing. Copy whereof was sent to higher officials. Independent witnesses were associated by the investigating officer. The independent witnesses were one lady named Sita Devi and an individual named Abhishek Kumar. 7. Subsequent thereto, the police went to the premises, wherein Parvesh was residing at Sharabai. The ASI knocked at the door, one Khem Raj opened the door. Two individuals namely Parvesh and the bail petitioner were found inside the room. Investigating Officer gave his personal search to the occupants of the room and informed them of the secret information received. In the room on the double bed, an electronic weighing machine was found with one pebble shaped substance in a plastic pouch. The pebble weighed 107 grams and was found to be heroin. The same was taken into possession and thereafter the bail petitioner alongwith two other individuals namely Khem Raj and Parvesh were taken into custody. 8. Investigation in the case at hand is complete. Challan in the case at hand stands presented before the trial court. The matter is now listed in the month of February for consideration of charge. The other accused have been enlarged on bail. 8. Investigation in the case at hand is complete. Challan in the case at hand stands presented before the trial court. The matter is now listed in the month of February for consideration of charge. The other accused have been enlarged on bail. No recovery is to be made from the bail petitioner. Custodial interrogation of the present bail petitioner is not required in the case at hand. No fruitful purpose shall be served by keeping the bail petitioner in custody. 9. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Guilt of the individual is to be determined at the trial. 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. 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. 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. 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. 12. 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. 187 of 2024, dated 08.08.2024, registered at Police Station Bhunter, District Kullu H.P. under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.25,000/- (twenty five thousand) with one local surety in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:- (i). 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 Number, 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. 13. 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. 14. 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. 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail Kullu, through email, with a direction to enter the date of grant of bail in the e-prison software. 16. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail Kullu, H.P., is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent, Sub Jail Kullu, District Kullu H.P., is further directed that if the petitioner fails 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. 17. The Superintendent, Sub Jail Kullu, District Kullu H.P., is further directed that if the petitioner fails 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. 17. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail Kullu, H.P. and the learned trial Court by FASTER. 18. 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.