AI Structured Summary
Not yet generated for this judgment
Judgment
Pankaj Jain, J
Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.224 dated 29.07.2023, registered for the offences punishable under Sections 21/29/61/85 of NDPS Act, 1985 at Police Station Rama Mandi, District Jalandhar.
As per the prosecution, the petitioner was found to be in possession of 15 grams of heroin. He is behind bars since 31.07.2023. Investigation already stands concluded. Almost all the witnesses are official and thus there cannot be any apprehension that the petitioner shall tamper with the evidence. The quantity is intermediate and thus rigors of Section 37 of the NDPS Act will not be attracted.
Keeping in view the aforesaid facts and circumstances of the present case, the instant petition deserves to be allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned. However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the following conditions :-
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence oral or documentary during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall deposit his passport, if any with the trial Court.
(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cell-phone number without permission of the trial Court.
(vii) The petitioner shall not in any manner try to delay the trial.
In case of breach of any of the aforesaid conditions and those which may be imposed by the Trial Court, the prosecution shall be at liberty to move cancellation of bail of the petitioner.
Ordered accordingly.
