CRMPM/2437/2022 of GOURAV Vs STATE OF HP on 30 December 2022

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLACr.MP(M) Nos. 2437 & 2438 of 2022Date of Decision 30th Dec.,2022

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Cr.MP(M) No. 2437 of 2022Gaurav

Versus

…Petitioner

State of H.P.

….Respondent

Cr.MP(M) No. 2438 of 2022Vikas

Versus

…Petitioner

State of H.P.

….Respondent

Coram

The Hon’ble Mr. Justice Vivek Singh Thakur, J.

Whether approved for reporting?

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For the Petitioner(s): Mr. Ashwani Kaundal, Advocate inboth petitions.For the Respondent(s): Mr. Hemant Vaid, AdditionalAdvocate General.

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Vivek Singh Thakur, J.

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

2. Petitioners, invoking Section 439 of the Code ofCriminal Procedure, have approached this Court for grant of bailin case FIR No. 246 of 2022, dated 29.9.2022 registered underSections 21 and 29 of Narcotic Drugs and PsychotropicSubstances Act (for short ‘NDPS Act’), in Police Station WestShimla, Himachal Pradesh.

3 Status reports stand filed. Record was also madeavailable.

4. As per status report, petitioners have been arrestedon 29.9.2022 after registration of FIR, on the basis of Ruka sentby Investigating Officer narrating therein circumstances in whichpetitioners were found travelling, in a bus coming from Solanside to Shimla, with 20.40 grams of Chitta being transported inthe mobile charger found in a bag kept in between these twopetitioners.

5 Petitioners had approached the Special Judge byfiling bail applications in the month of October, which weredismissed on 29.10.2022.

6. Learned counsel for petitioners submits that at thetime of adjudication of earlier bail applications, preferred bypetitioners before the Special Judge, case and investigation wasat initial stage and, thereafter, investigation has been completed and challan has been presented in Court on 24.11.2022. It hasbeen further submitted that as per status report, there is no pasthistory of involvement of petitioners in commission of anyoffence much less offence under NDPS Act and petitioners areyoung persons of 19 and 21 years and they are behind the barssince more than three months for alleged recovery of chitta ofintermediate quantity and therefore, prayer for enlarging themon bail has been made.

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

8Learned counsel for petitioner has submitted thatpetitioner undertake to abide by any condition imposed forenlarging them on bail and are ready and willing to furnish suretyto the satisfaction of the Court for assuring their presence duringtrial.

9 Taking into consideration, the entire facts andcircumstances including period of detention, but, withoutcommenting on merits thereon and taking into account factors and parameters, as propounded by the Supreme Court and thisCourt, required to be considered at the time of adjudication ofbail application, I am of the opinion that petitioners may beenlarged on bail in present case at this stage.

10 Accordingly, petitioners are ordered to be enlargedon bail, at this stage, subject to, subject to furnishing personalbond in the sum of Rs.50,000/- each with one surety each in thelike amount to the satisfaction of the trial Court within two weeksfrom 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;available during investigation as well as the trial on each and every date as and when required;

(ii) That the petitioners shall not directly orindirectly make any inducement, threat orpromise to any person acquainted with thefacts of the case so as to dissuade him fromdisclosing such facts to Court or to any policeofficer or tamper with the evidence. They shallnot, in any manner, try to overawe or influenceor intimidate the prosecution witnesses;indirectly make any inducement, threat orpromise to any person acquainted with thefacts of the case so as to dissuade him fromdisclosing such facts to Court or to any policeofficer or tamper with the evidence. They shallnot, in any manner, try to overawe or influenceor intimidate the prosecution witnesses;

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

(iv) That petitioners shall not jump over the bailand shall inform, in writing, regarding changeof address, land line number and/or mobileand shall inform, in writing, regarding changeof address, land line number and/or mobile number, if any, in advance, to concernedPolice Station.

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

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

(vii) That the petitioners shall not leave India without prior permission of Court;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.offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by prosecution/Police.

11 It will be open to the prosecution to apply forimposing any such other or further condition on the petitionersas deemed necessary in the facts and circumstances of the caseand in the interest of justice. It will also be open to the trialCourt to impose any other or further condition on the petitionersas it may deem necessary in the interest of justice.

12 In case the petitioners violate any condition imposedupon them, their bail shall be liable to be cancelled. In sucheventuality, prosecution may approach the competent Court oflaw for cancellation of bail in accordance with law.

In case the petitioners violate any condition imposed

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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 18.3.2013.14 Any observation made in this order shall not affect Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for thedisposal of this bail application.

The petitioners are permitted to produce copy oforder downloaded from the High Court website and the trialCourt shall not insist for certified copy of the order, however,they may verify the order from the High Court website orotherwise.

Petitions stand disposed of.

December 30, 2022 (ms)

(Vivek Singh Thakur) Judge