Sushil Kukreja, J.:— By way of instant petition, filed under Section 439 of the Criminal Procedure Code, the petitioner is seeking bail in case F.I.R. No. 39/2022, dated 10.02.2022, registered at Police Station Sadar, District Bilaspur, H.P., under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS Act”).
2. The prosecution story, in brief, is that on 10.02.2022, at about 5 : 00 p.m., while police party was present near College Chowk, Bilaspur, a secret information was received that accused Praveen Kumar, who was being searched by the police in a theft case, is present in the house of one Sita Ram at Koserian. Accordingly, the police party went to the house of Sita Ram, who told them that in the upper storey of his building one Nishant is staying. The police party went to the room of Nishant in upper storey of the building, where accused Praveen Kumar and Nishant were sitting. On seeing the police party, they got perplexed and one of them, threw a packet outside and tried to run, however, he was nabbed by the police party. On asking, he disclosed his name as Praveen Kumar (petitioner herein), whereas, the another person disclosed his name as Nishant. The police associated Sita Ram, Ram Lal and Head Constable Ajay as independent witnesses in the proceedings, in whose presence, the said packet was opened and it was found that the same was containing chitta/heroin. On weighment, the recovered contraband was found to be 7.22 grams. Thereafter, the police completed all the codal formalities and FIR as detailed hereinabove was registered against the accused. Consequently, they were arrested.
3. Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case. He has further contended that investigation in this case is complete and nothing remains to be recovered at the instance of the petitioner as such, the petitioner, who is in custody since his arrest, is required to be released on bail. He has also contended that co-accused has already been released on bail by the learned trial Court.
4. Per contra, the learned Additional Advocate General opposed the bail application on the ground that keeping in view the gravity of the offence alleged to have been committed by the petitioner, he is not entitled to be enlarged on bail. He further contended that the petitioner is habitual offender and many cases have been registered against him at different police stations.
5. I have heard the learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the record of the case and I am of the firm opinion that the petitioner has made out a case for grant of bail, as a perusal of the record indicates that the quantity of chitta/heroin, involved in the present case is 7.22 grams, which is an intermediate quantity. Therefore, rigors of Section 37 of the NDPS Act are not applicable in the present case. The petitioner was arrested on 10.02.2022 and since then he is behind the bars. There is no evidence on record to suggest that the petitioner will tamper with the prosecution evidence or will flee from justice, if released on bail, as he is permanent resident of District Bilaspur. Moreover, the investigation is complete and the trial may take sufficiently long time to conclude as such no fruitful purpose will be served if the petitioner is kept behind the bars for an unlimited period, as the petitioner is in custody for the last more than one year. The contention of learned Additional Advocate General that many cases in past have been registered against the petitioner is no ground to deny bail to the petitioner in the present case, as those cases will be decided by the concerned Courts on their own merits.
6. Considering the overall facts and circumstances of the case and since the quantity of chitta/heroin involved in this case is an intermediate quantity, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case F.I.R. No. 39/2022, dated 10.02.2022, registered at Police Station Sadar, District Bilaspur, H.P., under Sections 21 & 29 of NDPS Act, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs. 50,000/- (Rupees fifty thousands), with one surety in the like amount to the satisfaction of learned Trial Court. This bail order is subject, however, to the following conditions:—
(i) that the petitioner will appear before the Court and the Investigating Officer whenever required;
(ii) that he will 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 any facts to the Court or the police;
(iii) that he will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorise them in any manner;
(iv) that he will not repeat the offence, as is alleged to have been committed by him.
(v) that he will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case.
(vi) that he will not leave India without prior permission of the Court.
7. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions is violated by the petitioner.
8. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein.