The Petitioner in Sh. Rajesh Kumar vs State of Himachal Pradesh was allegedly found with Cannabis. Thereafter, the police arrested him, and an FIR was filed. He was arrested under the Narcotic Drugs & Psychotropic Substances Act, 1985 for the same. Subsequently, the Petitioner prayed for Bail. The Court granted the same and considered the case to be fit for bail.
Brief facts of the case
On 23rd January 2020, the police lodged an FIR against the Petitioner. The police filed charges against the Petitioner under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985. Consequently, the police arrested and filed charges.
According to the status report, while the police were on patrol, they saw the petitioner on his way. The Petitioner, upon seeing the police, became nervous. Thereafter, he tried to run away. As the police found this suspicious, they nabbed the Petitioner. The police searched him and found 372 grams of ‘charas’ with him. They also tried to obtain independent witnesses, but could not, as it was rather late at night.
Subsequently, the Petitioner was arrested and has been in custody. Therefore, he filed for bail under Section 439 of CrPC.
Petitioner’s Arguments
The Petitioner claimed his innocence. He stated that the charges filed against him were false and mentioned that he had been kept in custody for over eight months since his arrest. Further, he has also paid the fine and thus, is not required for the investigation now. The Petitioner also pled that the quantity found was intermediate. Lastly, he assured to adhere to conditions of the bail, if granted the same.
Respondent’s Arguments
The Respondent opposed the same, on the ground that the Petitioner may try to tamper evidence and influence witnesses. The Respondent further stated that, by looking at the number of charas and the gravity of the offence, the Court should reject the petition.
Observations of the Court
By looking at the facts mentioned above, the Court found the case to be fit for bail. The Court observed that the Petitioner’s custody would not serve any benefit, as that the petitioner’s guilt has not been confirmed.
As there maybe be a risk of a repeat offence, the conditions of the bail will be strict to refrain him from the same.
Court’s Judgment
Based on the facts and circumstances, the Court granted bail to the Petitioner. The Petitioner has to follow all the conditions of the bail as ordered by the Court:-
1. The Petitioner has to cooperate with the investigation as and when required.
2. The Petitioner shall not hinder evidence or hamper the investigation.
3. He cannot leave the country.
4. The Court has to be kept updated about his whereabouts.
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