CRMPM/1799/2018 of RISHU BHAIK Vs STATE OF HP on 31 December 2018

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Cr.MP(M) No. 1799 of 2018

Decided on : 31.12.2018

rishu Bhaik …..Petitioner

Coram:

The Hon’ble Mr. Justice Sureshwar Thakur, Judge.Whether approved for reporting?[1]For the petitioner:Mr. Peeyush Verma, Advocate. For the respondent:Mr. Hemant Vaid Addl. A.G. with Mr.Y.S. Thakur & Mr. Vikrant Chandel,Dy.A.G.

Sureshwar Thakur, J (oral)

The instant petition has been instituted by the bailpetitioner under Section 439 Cr.P.C, for, his being ordered to bereleased from judicial custody, wherein he is extantly lodged,for, his allegedly committing offence(s) punishable underSections 20, 21, 22, and, Section 29 of ND&PS Act, in respect 1 Whether reporters of the local papers may be allowed to see the judgment?

whereof, FIR No. 363 of 2018 of 19.12.2018, is lodged, at PoliceStation West, District Shimla, Himachal Pradesh.

2. An apt status report has been filed by theInvestigating Officer. It is portrayed in the status report, that,the quantum of the relevant item of contraband, recovered,from the conscious and exclusive possession of the bailapplicant, hence weighing 59.59 grams of heroin. The aforeweight of heroin, as, recovered, from, the conscious andexclusive possession of the bail-applicant, hence falls in noncommercial quantity thereof, (i) thereupon with their being nostatutory bar, against indulgence, of, bail being affordable vis-à-vis the afore weight, of, the afore relevant item(s) ofcontraband, as, recovered from the conscious and exclusivepossession, of the bail-applicant, (ii) thereupon this Court isconstrained, to allow the bail application, (iii) especially whenno material has been placed on record, by the prosecution,demonstrative, of, qua in the event of bail being granted to thebail petitioner, there being/is every likelihood, of, his fleeingfrom justice or tampering with prosecution evidence.

Accordingly, the indulgence of bail is granted to the bailpetitioner, on the following conditions:-

i)That he shall furnish personal bond in the sum ofRs. 3,00,000/- with three sureties in the likeamount, to the satisfaction of learned Special Judge,Shimla, District Shimla, H.P.Rs. 3,00,000/- with three sureties in the likeamount, to the satisfaction of learned Special Judge,Shimla, District Shimla, H.P.

ii)That he shall join the investigation, as and whenrequired by the Investigating agency.required by the Investigating agency.

iii)That he shall not directly or indirectly make anyinducement, threat or promise to any personacquainted with the facts of the case so as todissuade him from disclosing such facts to theCourt or to the Police.inducement, threat or promise to any personacquainted with the facts of the case so as todissuade him from disclosing such facts to theCourt or to the Police.

iv)That upon his re-indulging in crime, thereupon theState is at liberty for motioning this Court, forcancellation of bail. State is at liberty for motioning this Court, forcancellation of bail.

v)That he shall not leave India without the priorpermission of the Court. permission of the Court.

vi)That he shall deposit his passport, if any, with the Police Station, concerned.

vii)That in case of violation of any of the conditions, thebail granted to the petitioner shall be forfeited andhe shall be liable to be taken into custody.bail granted to the petitioner shall be forfeited andhe shall be liable to be taken into custody.

3. Any observation made herein above shall not betaken as an expression of opinion on the merits of the case andtaken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by anyobservation made herein above.

Copy dasti.

31[st] December,2018 (kck) (kck)

(Sureshwar Thakur)Judge