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Judgment
Ajay Mohan Goel, J
Status report filed, which is ordered to be taken on record.
Learned Deputy Advocate General, on instructions, submits that the petitioner is duly joining and cooperating in the investigation and his custody is
not required for the purpose of investigation.
I have heard learned counsel for the parties and also gone through the status report.
It is not in dispute that after the grant of bail, the petitioner has duly participated in the course of investigation and has not created any hindrance in
the same. It is further not the allegation of the prosecution that in the interregnum, post grant of anticipatory bail, the petitioner has either tried to
influence any witness or has created any other impediment in the course of the investigation.
Therefore, keeping into consideration the fact that the investigation is now complete, this petition is allowed and order dated 05.01.2021, passed in
FIR No.117 of 2020, dated 15.04.2020, registered at Police Station, Sadar, District Mandi, H.P., under Section 18 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, is made absolute, subject to the following conditions:-
i) Petitioner shall furnish personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of learned Trial Court within a
period of two weeks from today;
ii) He shall make himself available for the purpose of interrogation, if so required and regularly attend the Court on each and every date of hearing and
if prevented by any reason to do so, seek exemption from appearance by filing an appropriate application;
iii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
iv) He shall not directly or indirectly 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
v) He shall not leave the territory of India without prior permission of the Court.
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 by any of the findings so returned by this Court in the adjudication of this petition during the
trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon him, while granting
the present bail, the State shall be at liberty to approach this Court for cancellation of the bail. The petition stands disposed of in above terms.
Copy dasti.