CRMPM/2437/2022 on 30 December 2022

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr.MP(M) Nos. 2437 & 2438 of 2022

Date of Decision 30

th Dec.,2022 ________________________________________________________ Cr.MP(M) No. 2437 of 2022 Gaurav …Petitioner Versus State of H.P. ….Respondent Cr.MP(M) No. 2438 of 2022 Vikas …Petitioner Versus State of H.P. ….Respondent

Coram

The Hon’ble Mr. Justice Vivek Singh Thakur, J. Whether approved for reporting? ______________________________________________________________ For the Petitioner(s): Mr. Ashwani Kaundal, Advocate in both petitions. For the Respondent(s): Mr. Hemant Vaid, Additional Advocate General.

__________________________________________________________________ Vivek Singh Thakur, J.

Since both petitions arise out of the same FIR, the same are consolidated and disposed of together in order to avoid repetition and for the sake of convenience.

2. Petitioners, invoking Section 439 of the Code of Criminal Procedure, have approached this Court for grant of bail in case FIR No. 246 of 2022, dated 29.9.2022 registered under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’), in Police Station West Shimla, Himachal Pradesh.

Status reports stand filed. Record was also made available.

4. As per status report, petitioners have been arrested on 29.9.2022 after registration of FIR, on the basis of Ruka sent by Investigating Officer narrating therein circumstances in which petitioners were found travelling, in a bus coming from Solan side to Shimla, with 20.40 grams of Chitta being transported in the mobile charger found in a bag kept in between these two petitioners.

Petitioners had approached the Special Judge by filing bail applications in the month of October, which were dismissed on 29.10.2022.

6. Learned counsel for petitioners submits that at the time of adjudication of earlier bail applications, preferred by petitioners before the Special Judge, case and investigation was at initial stage and, thereafter, investigation has been completed and challan has been presented in Court on 24.11.2022. It has been further submitted that as per status report, there is no past history of involvement of petitioners in commission of any offence much less offence under NDPS Act and petitioners are young persons of 19 and 21 years and they are behind the bars since more than three months for alleged recovery of chitta of intermediate quantity and therefore, prayer for enlarging them on bail has been made.

Learned Additional Advocate General has submitted that petitioners have been found involved in a heinous crime, which is affecting adversely not only the individual, but also the society at large and spoiling the youth of State of Himachal Pradesh and, therefore, petitioners do not deserve any leniency and, thus, he has prayed for rejection of bail applications.

Learned counsel for petitioner has submitted that petitioner undertake to abide by any condition imposed for enlarging them on bail and are ready and willing to furnish surety to the satisfaction of the Court for assuring their presence during trial.

Taking into consideration, the entire facts and circumstances including period of detention, but, without commenting on merits thereon and taking into account factors and parameters, as propounded by the Supreme Court and this Court, required to be considered at the time of adjudication of bail application, I am of the opinion that petitioners may be enlarged on bail in present case at this stage.

Accordingly, petitioners are ordered to be enlarged on bail, at this stage, subject to, subject to furnishing personal bond in the sum of Rs.50,000/- each with one surety each in the like amount to the satisfaction of the trial Court within two weeks from today, subject to the following conditions:-

(i) That the petitioners shall make themselves available during investigation as well as the trial on each and every date as and when required;

(ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) That petitioners shall not obstruct the smooth progress of the investigation as well as trial;

(iv) That petitioners shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if any, in advance, to concerned Police Station.

(v) That the petitioners shall not commit the offence similar to the offence to which they are accused or suspected or the commission of which they are suspected.

(vi) That petitioners shall not misuse their liberty in any manner.

(vii) That the petitioners shall not leave India without prior permission of Court;

(viii) In the event of repetition of commission of offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by prosecution/Police.

It will be open to the prosecution to apply for imposing any such other or further condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice. It will also be open to the trial Court to impose any other or further condition on the petitioners as it may deem necessary in the interest of justice.

In case the petitioners violate any condition imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-IV.7139 dated 18.3.2013.

Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application. The petitioners are permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, they may verify the order from the High Court website or otherwise.

Petitions stand disposed of. December 30, 2022

(Vivek Singh Thakur)

(ms) Judge