Allowed

Bal Kishan v. State of Hp

Himachal Pradesh HC1 Aug 2022CRMPM/1403/2022

Case brief

AI extract

What is this about?

In a criminal bail plea under Section 439 CrPC in a Section 21 NDPS case, the High Court granted regular bail on humanitarian grounds. The petitioner's mother, aged and differently-abled with no family support, required care. Bail was granted temporarily to facilitate her medical examination and care arrangement.

What did the court decide?

Release on bail w.e.f. 3rd August, 2022 to 3rd November, 2022 with a bond of Rs. 1,00,000 and one surety, subject to strict conditions.

Bal Kishan Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 1^st DAY OF AUGUST, 2022

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BEFORE

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HON’BLE MR. JUSTICE AJAY MOHAN GOEL

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CRIMINAL MISC. PETITION (MAIN) No. 1403 OF 2022

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Between:-

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SH. BAL KISHAN, AGED 27 YEARS, SON OF LATE SH. ARJUN SINGH, RESIDENT OF VPO KALIBARI, TEHSIL NALAGARH, DISTRICT SOLAN, H.P. (PRESENTLY IN JUDICIAL CUSTODY) THROUGH HIS FAMILY FRIEND SH. RAJINDER SINGH, AGED YEARS SON OF SH. FATEH SINGH RESIDENT OF VILLAGE PHALAHI, POST OFFICE & TEHSIL NALAGARH, DISTRICT SOLAN, H.P.

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……….PETITIONER

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(BY MR. N.S. CHANDEL, SENIOR ADVOCATE WITH MR. ASHOK KUMAR, ADVOCATE)

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AND

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STATE OF HIMACHAL PRADESH.

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.…….RESPONDENT

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(BY M/S SUMESH RAJ, DINESH THAKUR AND SANJEEV SOOD, ADDITIONAL ADVOCATE GENERALS WITH MR. AMIT KUMAR DHUMAL, DY. AG AND MR MANOJ BAGGA, ASSISTANT ADVOCATE GENERAL)

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___________________________________________________________

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Whether approved for reporting?

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This petition coming on for orders this day, the Court

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passed the following:-

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O R D E R

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ASI Naresh Kumar, IO Police Station Nalagarh, District Solan, H.P. present with case record.

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Status report has been filed which is perused and ordered to be taken on record.

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By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 302 of 2021, dated 02.10.2021, registered at Police Station Nalagarh, District Solan, H.P. under Section 21 of the Narcotic Drugs and Psychotropic Substances Act.

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The case of the prosecution is that Chitta weighing 88.50 grams was recovered from the conscious possession of the petitioner on 02.10.2021, leading to his arrest.

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When this case was heard on the previous dates, learned Senior Counsel for the petitioner, on instructions, submitted that the petitioner is making a prayer before this Court for his release on bail on the ground that his mother is differentlyabled lady and presently there is no one to look after her as father of the petitioner is no more and there is none else in the family to look after his ailing mother, who is about 67 years old. In this

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background, when the case was listed before the Court on 14.07.2022, the following order was passed:-

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“Learned Senior Counsel for the petitioner submits that the petitioner intends to place certain documents on record to demonstrate that the aged mother of the petitioner is differently- abled and presently there is none to look after her and, therefore, the petitioner is praying for grant of bail under these humane circumstances. Let appropriate application in this regard be filed on or before the next date of hearing. As prayed for, list for consideration on 20^th July, 2022.”

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Thereafter, Cr.M.P. No. 2136 of 2022, was filed in this regard and on 20.07.2022, the following order was passed on the said application:-

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“Cr.M.P. No. 2136 of 2022

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By way of this application, the petitioner intends to place on record documents appended therewith to demonstrate that the mother of the petitioner is suffering from disabilities in the form of blindness and mental retardation, which call for the grant of bail in favour of the petitioner on humane grounds.

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Though, the application is allowed and the documents appended therewith are ordered to be taken on record, but, as prayed for, by leaned Additional Advocate General, opportunity is granted to the State to put forth its objection, if any, to the prayer which has been so made by the petitioner for his release on the medical condition of his mother. Let, needful be done by the next date of hearing.

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List on 28.07.2022.”

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As instructions had not come to the office of learned Additional Advocate General on 28.07.2022, the matter was adjourned for today.

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Heard.

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Mr. N.S. Chandel, learned Senior Counsel appearing for the petitioner has again submitted that in the peculiar facts involved in the case, on humanitarian grounds, the petition be allowed. Mother of the petitioner is differently-abled aged lady and there being none else in the family to look after her, if the petitioner is not released on bail to look after his ailing mother, it would be the lady who would be suffering the brunt of the arrest of the petitioner. Learned Senior Counsel has drawn the attention of the Court to the disability certificate, in terms whereof the mother of the petitioner is suffering from disability of brain and right eye.

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Learned Additional Advocate General, on instructions, from ASI Naresh Kumar, IO, Police Station Nalagarh, has informed the Court that the status of mother of the petitioner was investigated and the same revealed that old lady is residing all alone, she is indeed suffering from disabilities and there is none else in the family to look after.

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That being the case, this Court is of the considered view that as the mother of the petitioner has none to look after her in this old age when she is also suffering from physical disabilities, it will be in the interest of justice to release the petitioner on bail for a reasonable period so that he can have his mother medically examined and also make appropriate arrangements for her look after.

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Accordingly, this petition is disposed of by directing that the petitioner be released on bail in FIR No. 302 of 2021, dated 02.10.2021, registered at Police Station Nalagarh, District Solan, H.P. under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, w.e.f. 3^rd of August, 2022 to 3^rd of November, 2022, on his furnishing personal bond to the tune of Rs.1,00,000/-(Rs. One Lac Only) with one surety in the like amount to the satisfaction of the concerned ACJM/JMFC before his release, subject further to the following conditions:-

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Petitioner shall give a specific undertaking that he shall surrender back before the Jail Superintendent concerned on or before 4^th November, 2022.

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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;

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He shall not tamper with the prosecution evidence in any manner whatsoever.

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He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

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He shall not leave the territory of this Country.

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It is made clear that this order has been passed by the Court taking into consideration the medical condition of the mother of the petitioner.

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It is clarified that findings which have been returned by this Court while deciding this petition are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced in any manner whatsoever by any of the findings so returned by this Court in the adjudication of this petition during the course of the trial of the case. It is further clarified that in case the petitioner does not complies with any of the conditions, which have been imposed upon him while granting

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the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.

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Downloaded copy .

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(Ajay Mohan Goel) Judge

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August 01, 2022 (narender)

Bal Kishan v. State of Hp

Case brief

What is this about?

What did the court decide?

Bal Kishan v. State of Hp

Case brief

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What did the court decide?

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