Fridey Tobias Abraham vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this bail petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No.44 of 2020, dated 04.03.2020, registered at Police Station, Manali, District Kullu, H.P., under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

This Court is not going into the factual details for the reasons quoted hereunder.

It is not in dispute that there are five accused in the aforesaid FIR. Out of five, three are foreign nationals. Other two accused, who happen to be the foreign nationals, had filed applications under Section 439 of the Code of Criminal Procedure, for grant of regular bail before the Court of learned Special Judge-II, Kullu, District Kullu, Himachal Pradesh and vide order dated 04.05.2020, the applications of three co-accused were allowed by the learned Court Below. On the same date, vide common order, an application under Section 439 of the Code of Criminal Procedure filed by the present petitioner stood dismissed by the learned Court Below by holding as under:-

.................... The learned counsel for the bail petitioner Fridey has also relied upon the case law Chuks Collin's supra, but in the above case law, the Hon'ble High Court of HP has noticed that the bail petitioner in that case was having valid visa though expired, but the bail petitioner Fridey Tobias is not having identical cause in this petition because he is having no visa to stay in this country as per reply filed by the prosecution. As such, it cannot be said that bail petitioner namely Fridey Tobias Abraham could make arrangement for renewal of his visa in its absence. Hence, bail petitioner Fridey Tobias Abraham is not entitled to be released on bail in this case."

During the pendency of this petition, the petitioner applied for and was granted stay VISA for staying in India and the same is valid upto 20.11.2020. There is no dispute on this count. Therefore, now, the ground which became an impediment in the grant of bail ceases to exist and in my considered view, the petitioner is also, therefore, entitled to be released on bail on the same terms and conditions on which the other co-accused, being foreign nationals, stood released by the Court of learned Special Judge-II, Kullu, District Kullu, H.P.

Accordingly, this petition is allowed, by ordering release of the petitioner on bail in FIR No.44 of 2020, dated 04.03.2020, registered at Police Station, Manali, District Kullu, H.P., under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances, Act, on his furnishing personal bail bond to the tune of Rs. 1,00,000/- with one surety each in the like amount to the satisfaction of the learned Chief Judicial Magistrate and in his absence learned Judicial Magistrate 1st Class, at Kullu, District Kullu, H.P., within a period of two weeks from today, subject to the following conditions:-

i) Petitioner 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;

ii) Petitioner shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

iii) Petitioner 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; and

iv) Petitioner shall not leave the territory of India without the previous permission of the Court.

In addition, as prayed for by the learned Additional Advocate General, the petitioner shall provide details of his address to the Police Station concerned within one week of his release and as agreed, he shall also mark his presence in the Police Station, once in the fortnight, i.e., to say in the 1st and 3rd week of every month.

It is clarified that findings which have been returned by this Court while deciding this petition is 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 the cancellation of the bail. The petition stands disposed of in the above terms.

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