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Judgment
Surinder Singh, J.—The bail was denied to the petitioner herein for the offence punishable u/s 29 of the Narcotic Drugs and Psycho tropic Substances Act, registered in Police Station Banjar. The instant application has now been moved for seeking the bail.
Precisely the prosecution story is that on 27th August, 2009, at about 5 a.m., the police party headed by ASI Man Singh was putting a ''naqa'' near ''naglari pool''. In the meantime, a Bolero vehicle bearing registration No. HP-34A-0213 came from the side of village Gushaini. It was stopped. Main accused Shyam Singh was sitting on the steering wheel. One person sitting beside him seeing police opened the window of the vehicle and fled away. Shyam Singh was apprehended on the spot on suspicion and on checking the said vehicle, police recovered 19 Kgs Charas. On his interrogation Shyam Singh aforesaid disclosed that the person who had escaped was Mahinder son of Ram Rattan resident of village Pekhari, Tehsil Banjar. He was further interrogated intervally even on 28th August 2009 and he told that the escapee was said Mahinder, however it was only on 29th August 2009, when the police remand was obtained, he then disclosed during the interrogation that said person was not Mahinder but the present petitioner.
On 29th August 2009, Stynder Kumar was not found in his village, but on 31st August, 2009 he was arrested from village Gushiani. Phone call details of Stynder and Shyam Singh, co-accused were taken into possession in the month of October, 2009 to link the petitioner with the alleged offence. As per the computer generated phone-call details of the cell phones of the petitioner and Shyam Singh Co-accused, it came to the notice of the police that till 12.51 a.m during the intervening night of 26th and 27th August, 2009 they were in contact with each other. The place from where the calls were allegedly made is only stated to be located at a distance of 10 K.M. from the place where the Naqa was laid. Co-accused Shyam Singh is resident of village Pekhari which is about 20 K.M. away from Banjar and Stynder is resident of Gushiani, about 12 K.M. on the other side. The road of both the villages goes at Banjar, leading to ''naglari pool'', the place of alleged ''naqa''. As per the investigation there is only one BSNL tower in operation in that area from where these calls were registered.
The challan has been presented in the Court and the case is now fixed for 23rd March, 2010 in the Court of learned Additional Sessions Judge (FTC), Kullu.
In view of the above situation, in my opinion on the strength of the evidence collected to connect the petitioner the petitioner has a case for bail as his involvement in the said offence requires determination during the trial. He is a local resident having roots in society and prima-facie appears to have not committed the alleged offence. Therefore, it is ordered that the petitioner be enlarged on bail on his furnishing the bail bonds to the tune of Rs. 50,000/- with one surety of the like amount to the satisfaction of learned Chief Judicial Magistrate, Kullu and this bail shall be subject to the following conditions that the petitioner:
(i) shall not tamper with the prosecution evidence in any manner and shall appear in the Court on 23.3.2010 and thereafter as and when the case is fixed in the Court.
(ii) shall not make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts truly to the Court or to any police officer, and
(iii) shall not involve in any criminal activity in future.
In case the petitioner shall make breach of any of the conditions aforesaid, the liberty of his bail shall be cancelled.
Any observation made hereinabove shall not directly or indirectly affects the merits of this case in any manner and the learned trial Court shall not be influenced by any observation made hereinabove and shall decide the matter on merits.
An authenticated copy be sent to the learned Chief Judicial Magistrate, Kullu for his intimation and necessary action at his end.
In case the parties apply for urgent copies, it be supplied to them as per rules.
Petitions stand disposed of.