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2025 DIGILAW 298 (HP)

Gurvinder Singh v. State of Himachal Pradesh

2025-03-07

BIPIN CHANDER NEGI

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JUDGMENT : Bipin Chander Negi, J. 1. Head Constable Rekha No. 113, I/O Police Station, West, Shimla, is present along with record. 2. The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for grant of regular bail. The same arises out of FIR No.136 of 2024, dated 13.08.2024, registered at Police Station, Shimla [West], District Shimla, Himachal Pradesh, under Sections 21 & 29 of the Narcotic and Psychotropic Substances Act . 3. Heard counsel for the parties. Status Report stands filed. The same is taken on record. Copy whereof, has also been supplied to learned counsel appearing on behalf of the petitioner. 4. Brief facts giving rise to the case at hand are that the police on the basis of secret information received from reliable source had conducted a raid on Room No.203 in Hotel Thakur Niwas B&B, Shimla. The bail petitioner was found present in the room at the time of raid. On search from below mattress of the bed 23.42 grams of Heroin/Chitta was recovered in micron pack. Other than the aforesaid, on searching the bail petitioner, currency notes worth of Rs.25,800/- and Heroin/Chitta weighing 18.68 grams were recovered from his pocket. 5. Besides the present bail petitioner, the other co-accused namely Karanpreet and Gaurav have already been enlarged on bail on 02.01.2025 and 30.12.2024, respectively. 6. The petitioner has been in custody since 13.08.2024 i.e. the date of raid, on which the petitioner was arrested. Investigation, in the case at hand, is complete. No recovery is to be effected from the bail petitioner. Challan, in the case at hand, stands presented before the Court. The quantity involved, in the case at hand, is intermediate. No useful purpose shall be served by keeping the bail petitioner in custody. 7. 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. 8. 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. 9. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 8. 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. 9. 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. 10. 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. From perusal of the status report, it is evident that record of prosecution evidence, in the case at hand, has started. Statements of two witnesses have been recorded. There are 25 witnesses in all. The matter is fixed for recording of statements of witnesses on 23.03.2025. 11. Petitioner is a permanent resident of Pakhoke, Taran Taaran, Punjab-143406. The respondent/State has not expressed any apprehension regarding him fleeing from the 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. 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 FIR No.136 of 2024, dated 13.08.2024, registered at Police Station, Shimla [West], District Shimla, Himachal Pradesh, under Sections 21 & 29 of the Narcotic and Psychotropic Substances Act , shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- [Rupees fifty 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) Petitioner shall attend the trial 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(s), PAN Card, Bank Account Numbers, if any; (vi) It is made clear that in case petitioner is arraigned as 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, Kaithu, Shimla, through E- mail, 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, 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 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, District Jail, Kaithu, Shimla, 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, Kaithu, Shimla, 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.