Surinder @ Chandi @ Bira vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Status report stands filed, wherein details of circumstances in which case has been registered against the petitioner and he has been arrayed as

accused in case FIR No. 155 of 2020, dated 7.10.2020, registered under Sections 21 and 29 of Narcotics Drugs & Psychotropic Substances Act (for

short NDPS Act) and Sections 353, 147, 148, 149 and 427 of the Indian Penal Code in Police Station Damtal, District Kangra, H.P., has been

narrated.

As per status report, petitioner has been arrayed as accused for obstructing the Police personnel from performing their duties while they had

arrested main accused Pardeep Kumar in this case under NDPS Act.

It is the case of the prosecution that petitioner along with others, including one Rahul had tried to free Pardeep Kumar from the custody of Police

illegally and unauthorisedly. As per status report, petitioner and others had also broken windowpanes of the Police vehicle and tried to damage the said

vehicle and also attacked Police Officials, whereupon Inspector had waived his service pistol in the air and had warned to fire, whereupon all the boys

including the petitioner had run from the spot on their Motorcycles and Scooty etc. Thereafter Pardeep Kumar was taken to Police Station and for the

act committed by Rahul and others including petitioner they were also arrayed as accused and Sections 353, 147, 148, 149 and 427 IPC were

incorporated in the case. In the aforesaid circumstances, prayer for rejection of bail application has been made in the status report.

It is submitted by learned counsel for the petitioner that main accused Pardeep Kumar from whom recovery of contraband has been claimed by the

Police has been released on bail and not only this but Rahul, who has allegedly committed the offence along with the petitioner and others has also

been released on bail by learned Special Judge Kangra at Dharamshala vide his order dated 26.11.2020 and, therefore, petitioner is also entitled for

bail. He has also placed copy of order dated 26.11.2020 passed by learned Special Judge, on record.

It is further submitted by learned counsel for the petitioner that petitioner is ready to furnish local surety also and he undertakes to abide by any

conditions as deemed fit to be imposed by the Court in case of his enlargement on bail.

Learned counsel for the petitioner further submits that petitioner had voluntarily surrendered in the Police Station on 8.10.2020 and was taken into

custody and since then he is in custody and at present he is in judicial custody. Co-accused, alleged to have committed offence of the same degree,

also stands released by learned Sessions Judge/Special Judge on bail.

In the aforesaid circumstances, I find that no fruitful purpose is going to be served by keeping the petitioner behind the bars at this stage.

Accordingly, petitioner is ordered to be released on bail in case FIR No. 155 of 2020, dated 7.10.2020, registered in Police Station Damtal, District

Kangra, H.P. on his furnishing personal bond in the sum of Rs. 50,000/- with one local surety, as undertaken, in the like amount to the satisfaction of

trial Court within two weeks, upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated

hereinafter, so as to ensure the presence of the petitioner at the time of trial:-

(i) That he shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that he 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or

influence or intimidate the prosecution witnesses;

(iii) that he shall not obstruct the smooth progress of the investigation/trial;

(iv) that he shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that he shall not misuse their liberty in any manner;

(vi) that he shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or

during trial;

(viii) that he shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary

in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or

further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may

approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-

IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of

the bail application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy

of the order, however, he may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.