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2025 DIGILAW 956 (HP)

Khushi Ram v. State of Himachal Pradesh

2025-05-08

BIPIN CHANDER NEGI

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JUDGMENT : Bipin Chander Negi, J. 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.51 of 2024, dated 16.12.2024, registered at Police Station Deha, Tehsil Theog, District Shimla, Himachal Pradesh, under Sections 21 and 29 of the 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 petitioner. 3. The incident, in the case at hand, is dated 16.12.2024. On the said date, Police party departed from Police Station Deha for patrolling and checking drug menace in Balag and Naina area. At about 8:15 AM, the Police party reached Balag Nala. At that particular point of time there was a white coloured car (Alto K-10) bearing registration No.HP-10-1414 parked there facing towards Sainj. There were three occupants in the same. The police party questioned the occupants of the vehicle qua it having been parked in an isolated location. No satisfactory response was forthcoming. 4. Besides the aforesaid, the car had a foul smell. The same created a suspicion qua the vehicle carrying some objectionable article. The driver of the car disclosed his name as Ankush son of Sh. Roshan Lal, r/o Village Rantari PO Dharara Tehsil Rohru, District Shimla, HP. The person seating adjacent to driver’s seat disclosed his name as Rishabh Negi s/o Sh. Upkar Singh, r/o near Polytechnical College Rohru and person sitting on the rear seat disclosed his name as Lucky Thakur s/o late Sh. Veer Pal, r/o Village Parsa, PO Lower-Koti, Tehsil Rohru, District Shimla, HP. 5. On searching the vehicle, one foil paper was recovered under the foot mat of the co-driver’s seat. The foil contained 10.23 grams of heroin. The owner of the car is Risabh Negi. 6. During the investigation, financial transaction amounting to Rs.37,400/- inter se the present bail petitioner and the accused-Ankush Kumar was found. 7. The bail petitioner, in the case at hand, was arrested on 10.01.2025. Since then, he is in custody. Presently in judicial custody. Challan, in the case at hand, stands filed on 13.02.2025. Presently the matter is listed for service of the accused. 8. A financial transaction inter se individuals can be compelling circumstantial evidence, when it demonstrates a clear connection between the accused and the alleged criminal activity. Since then, he is in custody. Presently in judicial custody. Challan, in the case at hand, stands filed on 13.02.2025. Presently the matter is listed for service of the accused. 8. A financial transaction inter se individuals can be compelling circumstantial evidence, when it demonstrates a clear connection between the accused and the alleged criminal activity. However, such evidence must be corroborated with other forms of evidence to establish guilt beyond a reasonable doubt. In the case at hand, no contraband has been discovered in the possession of the bail petitioner. The onus is on the prosecution to establish a direct and persuasive nexus between the bail petitioner and the purported offence in compliance with the principles of natural justice and the presumption of innocence. 9. In the status report, it has been pointed out that there are two other cases pending against the present bail petitioner. Both are stated to be registered under the NDPS Act. Trial is stated to be in progress. In both the cases his guilt is yet to be ascertained at the trial. 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. Trial is going to take time for its conclusion. Pre-trial incarceration is not the rule. Further detention of the accused would not serve any fruitful purpose, rather would prove pre-judicial to the rights of the petitioner. 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. Petitioner is permanent resident of Village Bansa, PO Jagothi, Tehsil Rohru, District Shimla, HP. 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. 15. 14. Petitioner is permanent resident of Village Bansa, PO Jagothi, Tehsil Rohru, District Shimla, HP. 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. 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 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.51 of 2024, dated 16.12.2024, registered at Police Station Deha, District Shimla, Himachal Pradesh, under Sections 21 & 29 of the NDPS 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 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. 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 petitioner. 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, Kaithu Jail, 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 petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, , Kaithu Jail, District Shimla, H.P. is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent, Kaithu Jail, District 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. 20. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, Kaithu Jail, 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 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.