Aakash Vs State of Hp

For the petitioner : Mr. Ajay Kochhar, Senior Advocate with Mr. Bhairav Gupta, Advocate. For the respondent : Mr. R.P. Singh, Deputy Advocate General. 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.52/2023 dated 27.02.2023, 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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The brief facts of the case are that on 27.02.2023, when the Police Party was on a checking of a lodge near Aukland Tunnel, Shimla named Four Season B&B, the Manager of the aforesaid lodge informed

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

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( 2024:HHC:4298 )

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that Room No.102 of the lodge had been occupied by a boy and a girl, who had come in a car bearing No.CH-03V-7374 which was parked near the lodge. Aadhar details of the occupants of Room No.102 were available with the Mananger who supplied the same to the Police. From the same, it became evident that the room had been occupied by one Shiwani and the present bail petitioner. The room in question had been booked for two days. The occupants of the room left the room on 25.02.2023. On leaving the room, they had asked the Manager of the room to get the room cleaned and thereafter they had not returned.

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In the aforesaid facts and attending circumstances of the case, room No.102 of Four Season B&B was opened and searched at 1:30 p.m. on 27.02.2023. From the room, 18 grams of Heroin (when weighed with the polythene bag, in which the same was contained), was recovered.

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

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During investigation, it transpired that Aakash, the present bail petitioner and his wife, Shiwani had already been taken into custody in FIR No.50 of 2023 dated 25.02.2023, registered under Sections 21 and 29 of the ND&PS Act.

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In the status report during investigation, it has come on record that the present petitioner alongwith his wife Shiwani had taken a room on rent in Ram Nagar, suburb of Shimla itself.

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( 2024:HHC:4298 )

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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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There are total 28 witnesses to be examined in the case at hand, out of which, only one witness has been examined. The matter is now listed for evidence of further three witnesses on 13.07.2024. Previously, for recording of evidence, the matter was listed on 13.03.2024, 14.03.2024 and 30.04.2024.

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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 18 grams (when weighed with the polythene bag in which the same was contained). 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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( 2024:HHC:4298 )

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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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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 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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( 2024:HHC:4298 )

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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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(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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