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High CourtsSingle Bench(2023) 09 SHI CK 0018

Pradeep Kumar vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 8 September 2023

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (Main) No. 2210 Of 2023

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Judgment

10 paragraphs · 414 words

Ajay Mohan Goel, J

1.

Status report has been filed, which is perused and ordered to be taken on record.

2.

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner is praying for grant of bail in FIR No. 180, dated 25.12.2018, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Majra, District Sirmaur, H.P. for a limited period on the ground that as his mother is seriously ill and there is no other male member in the family to look after her, therefore, he may be permitted to take care of her for some time and ensure that necessary medical treatment etc. is being meted out to her.

3.

The factum of the mother of the petitioner being ill has not been disputed by the State. It is also not in dispute that there is no other male family member at his home to look after the ailing mother of the petitioner.

4.

In these circumstances, without going into the merit of the petition, the same is disposed of by ordering release of the petitioner in FIR No. 180, dated 25.12.2018, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Majra, District Sirmaur, H.P. for a period of one month, i.e. from 11.09.2023 to 10.10.2023, subject to his furnishing personal bond in the sum of Rs.1.00 Lac with one surety in the like amount to the satisfaction of Superintendent Jail concerned, with undertaking therein that he will surrender before the Jail Authorities latest by 5:00 p.m. on 10.10.2023. The bail shall further be subject further to the following conditions:

He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

He shall not 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

He shall not leave the territory of this Country.

5.

It is clarified that in case the petitioner does not complies with any of 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.

Downloaded copy of this order from the website of this Court is valid for compliance.