Allowed

Aakash v. State of Hp

Himachal Pradesh HC2 Jul 2024CRMPM/892/2024

Case brief

AI extract

What is this about?

Regular bail sought in a heroin recovery case under Sections 21 and 29 ND&PS Act. With only three of twenty-six witnesses examined and the petitioner in custody over sixteen months with no criminal history, the Court enlarged him on bail on personal bond with sureties and conditions including monthly police attendance.

What did the court decide?

Petitioner enlarged on bail on personal bond of Rs.1,00,000 with two local sureties, subject to seven stated conditions.

Aakash Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2024)

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( 2024:HHC:4299 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. MP(M) No.892 of 2024

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Date of Decision : 02.07.2024

Aakash

…… Petitioner

Versus

State of Himachal Pradesh

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……Respondent

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Coram:

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The Hon’ble Mr. Justice Bipin Chander Negi, Judge

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Whether approved for reporting?¹

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For the petitioner : Mr. Ajay Kochhar, Senior Advocate with Mr. Bhairav Gupta, Advocate. For the respondent : Mr. R.P. Singh, Deputy Advocate General.

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Head Constable Shakti Verma No.110, I/O Police Station Sadar Shimla, is present in person.

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Bipin Chander Negi, Judge (oral)

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The present petition has been filed by the petitioner, seeking bail in case FIR No.50/2023 dated 25.02.2023, under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the ND&PS Act”), registered at Police Station, Sadar Shimla, District Shimla, Himachal Pradesh.

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Brief facts giving rise to the case at hand are that on 25.02.2023, petitioner alongwith his wife at about 6:30 p.m., was apprehended by the Police at Lal Pani (urban Shimla). At that particular

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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( 2024:HHC:4299 )

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point of time, petitioner alongwith his wife, was on a Honda Motorcycle bearing No.PB-39G-4081. On search of the motorcycle, 7.84 Grams of Heroin was recovered in the case at hand. The petitioner was arrested on 26.02.2023.

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During investigation, petitioner had revealed that he had been working in an Adidas Showroom at Chandigarh. About eight months back, he had been transferred to Shimla. Presently, he had left the said job. About one and half years ago, he was married to one Shiwani, who was accompanying him on the motorcycle. Aakash is a drug addict. The investigation in the case is complete and post completion of investigation, Challan in the case at hand had been filed before the concerned Court on 20.04.2023.

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Status report perused. I have heard learned counsel for the parties.

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In the status report during investigation, it has come on record that the present petitioner was living as a tenant in a rented accommodation at Ram Nagar, Shimla.

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There are total 26 witnesses to be examined in the case at hand, out of which, only three witnesses have been examined. The matter was listed for recording of prosecution evidence on 12.03.2024, 30.04.2024, 04.06.2024 and has now been listed for recording of prosecution evidence on 18.07.2024. Till date, only statements of three witnesses have been recorded. Conclusion of trial would take sometime.

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( 2024:HHC:4299 )

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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.

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The aforesaid facts had been noticed only to assess the gravity and seriousness of the allegations against the petitioner. Admittedly, in the case at hand, quantity of the contraband recovered is 7.84 grams. The petitioner is admittedly an addict.

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Petitioner is in custody since 26.02.2023. Trial is going to take time for its conclusion. The charges against the petitioner are yet to be proved. Pretrial incarceration is not the rule. No past criminal history has been attributed to the present bail petitioner. Further detention of the accused would not serve any fruitful purpose, rather would prove per-judicial to the rights of the petitioner.

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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.

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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 preventative.

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( 2024:HHC:4299 )

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The respondent/State in the status report filed have expressed apprehension regarding the petitioner fleeing from the course of justice and adversely affecting the trial by intimidating the witnesses. In this regard, suffice it to state that the petitioner can be put to terms for the purpose of safe, secure and unobstructed completion of trial.

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In view of the aforesaid, the instant petition is allowed and the petitioner is enlarged on bail in case FIR No.50/2023 dated 25.02.2023, under Section 21 & 29 of the ND&PS Act, registered at Police Station, Sadar Shimla, District Shimla, Himachal Pradesh, subject to his furnishing personal bond in the sum of Rs.1,00,000/-with two local

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sureties in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

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(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;

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(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;

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(iii) Petitioner will not leave India without prior permission of the Court;

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(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the 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;

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(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;

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( 2024:HHC:4299 )

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(vi) Petitioner shall in the 1^st week of every month mark his attendance in the concerned Police Station; &

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(vii) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR under NDPS Act, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

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In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

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With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any. 16. 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 order presented to it, same may be ascertained from the official website of this Court.

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( Bipin Chander Negi) July 02, 2024 (KS) Judge

Aakash v. State of Hp

Case brief

What is this about?

What did the court decide?

Aakash v. State of Hp

Case brief

What is this about?

What did the court decide?

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