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Judgment
Bipin Chander Negi, J
Status report filed. Copy whereof has been supplied to the learned counsel for the petitioner.
Heard learned counsel for the parties.
The present petition has been filed for grant of bail, in FIR No. 40/2024, dated 04.03.2024, under Sections 21 and 29 of NDPS Act, registered at Police Station Sadar, District Solan, HP.
The incident in the case at hand took place on 04.03.2024. On the said date, the bail petitioner, who is the owner of a pickup bearing registration No. HP-64B-7994, was apprehended with contraband weighing 6.24 grams (Heroin) by the police while traveling at a place Chambaghat, at about 02:15 AM.
During investigation, the bail petitioner alongwith the other occupant of the vehicle had informed the police that they had obtained the aforesaid contraband for self- consumption purposes. The petitioner in the case at hand was arrested on 04.03.2024 and till date he is in custody. The Challan in the case at hand has been filed on 25.04.2024. The matter is now posted for service of accused in the month of June, 2024.
At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner. The investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioner. The petitioner has already spent three months in custody. The quantity of contraband is intermediate quantity
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.
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. The burden of his detention falls heavily on the innocent members of his family.
The petitioner is stated to be a young man of 28 years of age. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court.
Petitioner is a permanent resident of village Dadlog, PO Brewery, Tehsil & District Solan, HP. The respondent-state has not expressed any apprehension regarding him fleeing from the justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial.
In the aforesaid facts and attending circumstances, further custody of the petitioner would definitely be violative of his personal liberty granted to him under Article 21 of the Constitution of India.
In view of the aforesaid, the instant petition is allowed and the petitioner is enlarged on bail in case case FIR No. 40/2024, dated 04.03.2024, under Sections 21 and 29 of NDPS Act, registered at Police Station Sadar, District Solan, HP subject to his furnishing personal bond in the sum of Rs. 50,000/- with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-
(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;
(ii). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;
(iii). Petitioner will not leave India without prior permission of the Court;
(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;
(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. &
(vi). 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 application in that regard.
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.
With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.
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.