Vijay Thakur vs Narcotics Control Bureau on 21 July, 2026

    0
    4
    ADVERTISEMENT

    Himachal Pradesh High Court

    Vijay Thakur vs Narcotics Control Bureau on 21 July, 2026

    Author: Sandeep Sharma

    Bench: Sandeep Sharma

              IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
    
                                                                   Cr. MP (M) No.1122 of 2026
                                                                  Date of Decision: 21.07.2026
    
    
    
    
                                                                               .
        ------------------------------------------------------------------------------------------------
    
    
    
    
    
        Vijay Thakur                                                                     ...Petitioner
                                                    Versus
        Narcotics Control Bureau                                                     ...Respondent
    
    
    
    
    
        -----------------------------------------------------------------------------------------------
        Coram:
        The Hon'ble Mr. Justice Sandeep Sharma, Judge.
        Whether approved for reporting?1
    
    
    
    
                                                    of
        -----------------------------------------------------------------------------------------------
        For the Petitioner:                          Mr. Gurinder Singh Parmar, Advocate.
        For the Respondent:                         Mr. Ashwani Pathak, Senior Advocate
                        rt                          with Mr. Dev Raj, Advocate.
        Sandeep Sharma, J. (Oral)
    

    Bail petitioner namely Vijay Thakur, who is behind

    bars since 03.06.2025, has approached this Court in the instant

    SPONSORED

    proceedings filed under Section 483 of Bharatiya Nagrik Suraksha

    Sanhita (hereinafter ‘BNSS’) for grant of regular bail in Crime

    No.14, dated 03.06.2025, under Sections 8, 20 and 60 of ND & PS

    Act, registered at Police Station Narcotics Control Bureau,

    Chandigarh. Pursuant to directions passed by this Court, Narcotics

    Control Bureau (in short “NCB”) has filed status report, which is

    taken on record.

    2. Close scrutiny of record/status report made available

    to this Court reveals that on 03.06.2025, Mr. Vivek Kumar, Junior

    Intelligence Officer, NCB Chandigarh, received a secret

    information that one person, namely Vijay Thakur i.e. petitioner

    1 Whether reporters of the local papers may be allowed to see the judgment?

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    2

    herein was coming with a large consignment of charas for

    delivering it near Bangali Sweets & Namkeen Shop around 4:30 to

    .

    5:30 p.m. on 03.06.2025 and accordingly NCB, after having

    reduced aforesaid secret information into writing, placed it before

    Superintendent, NCB Chandigarh Zonal Unit, who further

    constituted a team comprising of Hemant Chaudhary, Junior

    of
    Intelligence Officer, Paramjeet, Intelligence Officer, Shivam, Junior

    Intelligence Officer, and Shri Pankaj Rathour, Sepoy, and Inder,
    rt
    Driver, for taking action in accordance with law. Aforesaid team

    reached Bangali Sweets & Namkeen Shop at about 02:20 p.m.

    The suspect i.e. petitioner herein reached the spot within the time

    indicated by the secret source, and thereafter, NCB officials, as

    indicated hereinabove, disclosed their identity and apprised the

    suspect with regard to their intention to conduct his search.

    However, suspect, i.e. petitioner herein on the instructions of

    Intelligence Officers himself admitted factum of his having

    possessed commercial quantity of contraband and he, without

    there being any objection, handed over the packet containing

    commercial quantity of contraband. Since, no plausible explanation

    ever came to be rendered on record qua possession of aforesaid

    quantity of contraband, NCB Officials, after having completed all

    codal formalities, lodged FIR, detailed hereinabove and since then,

    bail-petitioner is behind bars.

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    3

    3. Since challan stands filed in the competent Court of

    law and nothing remains to be recovered from the bail-petitioner,

    .

    petitioner has approached this Court in the instant proceedings for

    grant of regular bail. Primarily, bail has been sought on the ground

    of inordinate delay in the conclusion of the trial. The Crime/FIR

    was lodged one year back, but till date prosecution has not been

    of
    able to examine even a single witness.

    4. Mr. Ashwani Pathak, learned Senior Counsel
    rt
    representing the NCB, while fairly admitting factum with regard to

    filing of the challan in the competent court of law, states that

    keeping in view the gravity of offence alleged to have been

    committed by the petitioner, he does not deserve any leniency. He

    states that there is overwhelming evidence adduced on record

    suggestive of the fact that bail-petitioner is a drug peddler and on

    the date of the occurrence, he was found in possession of a

    commercial quantity of contraband. He further states that in the

    event of the bail-petitioner being enlarged on bail, he may not only

    flee from justice but may again indulge in these actives. Mr. Pathak

    states that since Court below has already fixed the matter for

    recording the statement of prosecution witnesses in the month of

    October 2026, prayer made on behalf of the petitioner for his

    enlargement on bail on the ground of delay is not tenable and

    deserves outright rejection.

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    4

    5. Having heard learned counsel for the parties and

    perused material available on record, this Court finds that on the

    .

    date of occurrence, secret information was received by NCB

    officials that petitioner herein was coming to Bangali Sweets &

    Namkeen Shop with huge quantity of contraband, but yet no effort

    was made by the NCB officials to associate independent

    of
    witnesses, as a result of, that at the time of alleged recovery of

    contraband, none of the independent witness was present. This
    rt
    Court cannot lose sight of the fact that Bangali Sweets & Namkeen

    Shop, situated at Main Chowk, Una adjacent to the traffic lights. It

    is highly unbelievable that at 2:20 p.m., NCB officials were unable

    to find out a single independent witness. Even if no local person

    was ready to become independent witness, NCB officials could

    have associated a police official posted at the nearby traffic post or

    summoned police personnel from Police Station, Una, to witness

    the search and seizure proceedings. Though this Court is not

    persuaded to agree with learned counsel for the petitioner that

    petitioner has been falsely implicated, but certainly on account of

    non-association of independent witness that too at 2:20 p.m. at

    Main Chowk, Una, the story of prosecution appears to be doubtful.

    Moreover, this Court finds that FIR was lodged one year back, but

    till date prosecution has not been able to examine even a single

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    5

    witness, meaning thereby, considerable time is likely to be

    consumed in conclusion of trial.

    .

    6. Though Mr. Ashwani Pathak, learned Senior Counsel

    representing the respondent, attempted to argue that Court below

    has already fixed the matter in the month of October, 2026 for

    three consecutive days for recording the statements of prosecution

    of
    witnesses, but once it took almost one and a half years to start

    prosecution evidence, this Court has reason to presume and
    rt
    believe that considerable time is likely to be consumed in

    conclusion of trial and if, petitioner is left to incarcerate in jail during

    trial, it would not only amount to pre-trial conviction, but would also

    violate the Article 21 of the Constitution of India.

    7. By now, it is well settled that speedy trial is

    fundamental right of the accused and one cannot be made to

    suffer indefinitely for delay in trial and as such, this Court sees no

    reason to keep the bail petitioner behind the bars for indefinite

    period during trial. Hon’ble Apex Court in case titled Umarmia

    Alias Mamumia v. State of Gujarat, (2017) 2 SCC 731, has held

    delay in criminal trial to be in violation of right guaranteed to an

    accused under Article 21 of the Constitution of India. Relevant para

    of the afore judgment reads as under:-

    “11. This Court has consistently recognized the right of the
    accused for a speedy trial. Delay in criminal trial has been held
    to be in violation of the right guaranteed to an accused

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    6

    under Article 21 of the Constitution of India. (See: Supreme
    Court Legal Aid Committee v. Union of India, (1994) 6 SCC
    731; Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC

    .

    616) Accused, even in cases under TADA, have been released

    on bail on the ground that they have been in jail for a long period
    of time and there was no likelihood of the completion of the trial

    at the earliest. (See: Paramjit Singh v. State (NCT of Delhi),
    (1999) 9 SCC 252 and Babba v. State of Maharashtra, (2005) 11
    SCC 569).

    of

    8. The Hon’ble Apex Court in case titled Javed Gulam Nabi

    Shaikh Vs. State of Maharashtra and Another, passed in Criminal
    rt
    Appeal No.2787 of 2024, decided on 03.07.2024, having taken note of

    its various judgments passed in the past, proceeded to conclude that if

    the State or any prosecuting agency including the court concerned has

    no wherewithal to provide or protect the fundamental right of an accused

    to have a speedy trial as enshrined under Article 21 of the Constitution,

    then the State or any other prosecuting agency should not oppose the

    plea for bail on the ground that the crime committed is serious. Most

    importantly, in the afore judgment, Hon’ble Apex Court has held that

    Article 21 of the Constitution applies irrespective of the nature of the

    crime. Relevant paras of the afore judgment read as under:

    “15. The requirement of law as being envisaged under Section 19
    of the National Investigation Agency Act, 2008 (hereinafter being
    referred to as “the 2008 Act”) mandates that the trial under the Act of
    any offence by a Special Court shall be held on day-to-day basis on all
    working days and have precedence over the trial of any other case and
    Special Courts are to be designated for such an offence by the Central
    Government in consultation with the Chief Justice of the High Court as
    contemplated under Section 11 of the 2008.

    16. A three-Judge Bench of this Court in Union of India v. K.A.
    Najeeb
    reported in (2021) 3 SCC 713] had an occasion to consider the

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    7

    long incarceration and at the same time the effect of Section 43-D(5) of
    the UAP Act and observed as under : (SCC p. 722, para 17)

    “17. It is thus clear to us that the presence of statutory restrictions like

    .

    Section 43-D(5) of the UAPA per se does not oust the ability of the
    constitutional courts to grant bail on grounds of violation of Part III of
    the Constitution. Indeed,both the restrictions under a statute as well as

    the powers exercisable under constitutional jurisdiction can be well
    harmonised. Whereas at commencement of proceedings,the courts are
    expected to appreciate the legislative policy against grant of bail but

    of
    the rigours of such provisions will melt down where there is no
    likelihood of trial being completed within a reasonable time and the
    period of incarceration already undergone has exceeded a substantial
    part of the prescribed sentence. Such an approach would safe-guard
    rt
    against the possibility of provisions like Section 43-D(5) of the UAPA
    being used as the sole metric for denial of bail or for wholesale breach

    of constitutional right to speedy trial.”

    17. In the recent decision, Satender Kumar Antil v. Central
    Bureau of Investigation
    reported in (2022) 10 SCC 51, prolonged

    incarceration and inordinate delay engaged the attention of the court,
    which considered the correct approach towards bail, with respect to
    several enactments, including Section 37 NDPS Act. The court

    expressed the opinion that Section 436A (which requires inter alia the
    accused to be enlarged on bail if the trial is not concluded within

    specified periods) of the Criminal Procedure Code, 1973would apply:

    “We do not wish to deal with individual enactments as
    each special Act has got an objective behind it, followed by the rigour

    imposed. The general principle governing delay would apply to these
    categories also. To make it clear, the provision contained in Section
    436-A of the Code would apply to the Special Acts also in the absence
    of any specific provision. For example, the rigour as provided under
    Section 37 of the NDPS Act would not come in the way in such a case
    as we are dealing with the liberty of a person. We do feel that more the
    rigour, the quicker the adjudication ought to be. After all, in these types
    of cases number of witnesses would be very less and there may not be
    any justification for prolonging the trial. Perhaps there is a need to
    comply with the directions of this Court to expedite the process and
    also a stricter compliance of Section 309 of the Code.”

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    8

    18. Criminals are not born out but made. The human potential in
    everyone is good and so, never write off any criminal as beyond
    redemption. This humanist fundamental is often missed when dealing

    .

    with delinquents,juvenile and adult. Indeed, every saint has a past and

    every sinner a future. When a crime is committed, a variety of factors is
    responsible for making the offender commit the crime. Those factors
    may be social and economic, maybe, the result of value erosion or

    parental neglect; may be, because of the stress of circumstances, or
    the manifestation of temptations in a milieu of affluence contrasted with
    indigence or other privations.

    of

    19. If the State or any prosecuting agency including the court
    concerned has no wherewithal to provide or protect the fundamental
    right of an accused to have a speedy trial as enshrined under Article 21
    rt
    of the Constitution then the State or any other prosecuting agency
    should not oppose the plea for bail on the ground that the crime
    committed is serious. Article 21 of the Constitution applies irrespective

    of the nature of the crime.

    20 We may hasten to add that the petitioner is still an accused; not a
    convict. The over-arching postulate of criminal jurisprudence that an

    accused is presumed to be innocent until proven guilty cannot be
    brushed aside lightly, howsoever stringent the penal law may be.
    21 We are convinced that the manner in which the prosecuting agency

    as well as the Court have proceeded, the right of the accused to have
    a speedy trial could be said to have been infringed thereby violating

    Article 21 of the Constitution.”

    9. Hon’ble Apex Court in Manish Sisodia v.

    Enforcement Directorate, 2024 SCC OnLine SC 1920, while

    placing reliance upon its earlier judgments rendered in number of

    cases, especially Javed Gulam Nabi Shaikh (supra), again

    reiterated that right to speedy trial is a fundamental right of an

    accused and infraction thereof amounts to violation of Arctile 21 of

    the Constitution of India. Relevant paras of the judgment passed

    in Manish Sisodia case read as under:

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    9

    “50. As observed by this Court, the right to speedy trial and the
    right to liberty are sacrosanct rights. On denial of these rights,
    the trial court as well as the High Court ought to have given due

    .

    weightage to this factor.

    51. Recently, this Court had an occasion to consider an
    application for bail in the case of Javed Gulam Nabi Shaikh v.

    State of Maharashtra wherein the accused was prosecuted
    under the provisions of the Unlawful Activities (Prevention) Act,
    1967
    . This Court surveyed the entire law right from the judgment

    of
    of this Court in the cases of Gudikanti Narasimhulu v. Public
    Prosecutor, High
    Court of Andhra Pradesh, Shri Gurbaksh Singh
    Sibbia v. State of Punjab
    , Hussainara Khatoon (I) v. Home
    rt
    Secretary, State of Bihar, Union of India v. K.A. Najeeb and
    Satender Kumar Antil v. Central Bureau of Investigation. The

    Court observed thus:

    “19. If the State or any prosecuting agency including the court
    concerned has no wherewithal to provide or protect the
    fundamental right of an accused to have a speedy trial as

    enshrined under Article 21 of the Constitution then the State or
    any other prosecuting agency should not oppose the plea for bail
    on the ground that the crime committed is serious. Article 21 of

    the Constitution applies irrespective of the nature of the crime.”

    52. The Court also reproduced the observations made in
    Gudikanti Narasimhulu (supra), which read thus:

    “10. In the aforesaid context, we may remind the trial courts and
    the High Courts of what came to be observed by this Court in
    Gudikanti Narasimhulu v. Public Prosecutor, High Court reported
    in (1978) 1 SCC 240. We quote:

    “What is often forgotten, and therefore warrants reminder, is the
    object to keep a person in judicial custody pending trial or
    disposal of an appeal. Lord Russel, C.J., said [R v. Rose, (1898)
    18 Cox]:

    “I observe that in this case bail was refused for the prisoner. It
    cannot be too strongly impressed on the, magistracy of the
    country that bail is not to be withheld as a punishment, but that

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    10

    the requirements as to bail are merely to secure the attendance
    of the prisoner at trial.”

    .

    53. The Court further observed that, over a period of time, the

    trial courts and the High Courts have forgotten a very well-
    settled principle of law that bail is not to be withheld as a
    punishment. From our experience, we can say that it appears

    that the trial courts and the High Courts attempt to play safe in
    matters of grant of bail. The principle that bail is a rule and
    refusal is an exception is, at times, followed in breach. On

    of
    account of non-grant of bail even in straight forward open and
    shut cases, this Court is flooded with huge number of bail
    petitions thereby adding to the huge pendency. It is high time
    rt
    that the trial courts and the High Courts should recognize the
    principle that “bail is rule and jail is exception”.

    54. In the present case, in the ED matter as well as the CBI
    matter, 493 witnesses have been named. The case involves
    thousands of pages of documents and over a lakh pages of

    digitized documents. It is thus clear that there is not even the
    remotest possibility of the trial being concluded in the near
    future. In our view, keeping the appellant behind the bars for an

    unlimited period of time in the hope of speedy completion of trial
    would deprive his fundamental right to liberty under Article 21 of

    the Constitution. As observed time and again, the prolonged
    incarceration before being pronounced guilty of an offence

    should not be permitted to become punishment without trial.”

    10. Reliance is also placed upon judgment passed by the

    Hon’ble Apex Court in Jalaluddin Khan v. Union of India, 2024 SCC

    OnLine SC 1945, wherein Hon’ble Apex Court while dealing with a case

    registered under Sections 13, 18, 18A, and 20 of Unlawful Activities

    (Prevention) Act, 1967, enlarged the accused on bail on the ground of

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    11

    inordinate delay in conclusion of trial. Relevant para of the afore

    judgment is reproduced herein below:

    .

    “21. Before we part with the Judgment, we must mention here

    that the Special Court and the High Court did not consider the
    material in the charge sheet objectively. Perhaps the focus was

    more on the activities of PFI, and therefore, the appellant’s case
    could not be properly appreciated. When a case is made out for
    a grant of bail, the Courts should not have any hesitation in

    of
    granting bail. The allegations of the prosecution may be very
    serious. But, the duty of the Courts is to consider the case for
    grant of bail in accordance with the law. “Bail is the rule and jail
    rt
    is an exception” is a settled law. Even in a case like the present
    case where there are stringent conditions for the grant of bail in

    the relevant statutes, the same rule holds good with only
    modification that the bail can be granted if the conditions in the
    statute are satisfied. The rule also means that once a case is
    made out for the grant of bail, the Court cannot decline to grant

    bail. If the Courts start denying bail in deserving cases, it will be
    a violation of the rights guaranteed under Article 21 of our
    Constitution.”

    11. Reliance is also placed upon latest judgment dated

    28.8.2024, passed in Prem Prakash v. Union of India through The

    Directorate of Enforcement, (Petition for Special Leave to Appeal (Crl.)

    No. 5416 of 2024), wherein having taken note of the inordinate delay in

    conclusion of trial, Hon’ble Apex Court proceeded to enlarge the

    accused on bail. Relevant para of the aforesaid judgment reads as

    under:

    “12. Independently and as has been emphatically reiterated in
    Manish Sisodia (II) (supra) relying on Ramkripal Meena Vs
    Directorate of Enforcement (SLP (Crl.) No. 3205 of 2024 dated
    30.07.2024) and Javed Gulam Nabi Shaikh Vs. State of

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    12

    Maharashtra and Another, 2024 SCC online 1693, where the
    accused has already been in custody for a considerable number
    of months and there being no likelihood of conclusion of trial

    .

    within a short span, the rigours of Section 45 of PMLA can be

    suitably relaxed to afford conditional liberty. Further, Manish
    Sisodia (II) (supra) reiterated the holding in Javed Gulam Nabi

    Sheikh (Supra), that keeping persons behind the bars for
    unlimited periods of time in the hope of speedy completion of
    trial would deprive the fundamental right of persons under Article

    of
    21 of the Constitution of India and that prolonged incarceration
    before being pronounced guilty ought not to be permitted to
    become the punishment without trial. In fact, Manish Sisodia (II)
    rt
    (Supra) reiterated the holding in Manish Sisodia (I) Vs.
    Directorate of Enforcement
    (judgment dated 30.10.2023 in

    Criminal Appeal No. 3352 of 2023) where it was held as under:-

    “28. Detention or jail before being pronounced guilty of an
    offence should not become punishment without trial. If the trial
    gets protracted despite assurances of the prosecution, and it is

    clear that case will not be decided within a foreseeable time, the
    prayer for bail may be meritorious. While the prosecution may

    pertain to an economic offence, yet it may not be proper to
    equate these cases with those punishable with death,

    imprisonment for life, ten years or more like offences under the
    Narcotic Drugs and Psychotropic Substances Act, 1985, murder,
    cases of rape, dacoity, kidnaping for ransom, mass violence, etc.

    Neither is this a case where 100/1000s of depositors have been
    defrauded. The allegations have to be established and proven.
    The right to bail in cases of delay, coupled with incarceration for
    a long period, depending on the nature of the allegations, should
    be read into Section 439 of the Code and Section 45 of the PML
    Act. The reason is that the constitutional mandate is the higher
    law, and it is the basic right of the person charged of an offence
    and not convicted, that he be ensured and given a speedy trial.
    When the trial is not proceeding for reasons not attributable to
    the accused, the court, unless there are good reasons, may well

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    13

    be guided to exercise the power to grant bail. This would be
    truer where the trial would take years.”

    It is in this background that Section 45 of PMLA needs to be

    .

    understood and applied. Article 21 being a higher constitutional
    right, statutory provisions should align themselves to the said
    higher constitutional edict.”

    12. In the aforesaid judgment, Hon’ble Apex Court having

    taken note of all judgments passed in recent times, categorically

    of
    held that bail is rule and jail is an exception. If all the judgments

    taken note herein above are read in conjunction, Hon’ble Apex
    rt
    Court has categorically held that court while considering prayer for

    grant of bail may not be impressed with the arguments advanced

    by the prosecution that charge against the person seeking bail is

    serious, but in case, Court finds that on account of inordinate delay

    in conclusion of trial, fundamental right of speedy trial is being

    violated, it should proceed to grant bail. No doubt, in the case at

    hand, charge against the petitioner is serious, but there is no

    denial to the fact that bail petitioner is languishing in jail for more

    than two years without being held guilty.

    13. Needless to say, object of the bail is to secure the

    attendance of the accused in the trial and the proper test to be

    applied in the solution of the question whether bail should be

    granted or refused is whether it is probable that the party will

    appear to take his trial. Otherwise, bail is not to be withheld as a

    punishment. Otherwise also, normal rule is of bail and not jail.

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    14

    Court has to keep in mind nature of accusations, nature of

    evidence in support thereof, severity of the punishment which

    .

    conviction will entail, character of the accused, circumstances

    which are peculiar to the accused involved in that crime.

    14. Hon’ble Apex Court in Criminal Appeal No. 227/2018,

    Dataram Singh vs. State of Uttar Pradesh & Anr decided on

    of
    6.2.2018 has held that freedom of an individual cannot be curtailed

    for indefinite period, especially when his/her guilt is yet to be
    rt
    proved. It has been further held by the Hon’ble Apex Court in the

    aforesaid judgment that a person is believed to be innocent until

    found guilty.

    15. Hon’ble Apex Court in Sanjay Chandra versus

    Central Bureau of Investigation (2012)1 Supreme Court Cases

    49 has held that gravity alone cannot be a decisive ground to deny

    bail, rather competing factors are required to be balanced by the

    court while exercising its discretion. It has been repeatedly held by

    the Hon’ble Apex Court that object of bail is to secure the

    appearance of the accused person at his trial by reasonable

    amount of bail. The object of bail is neither punitive nor

    preventative.

    16. In Manoranjana Sinh alias Gupta versus CBI,

    (2017) 5 SCC 218, Hon’ble Apex Court has held that the object of

    the bail is to secure the attendance of the accused in the trial and

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    15

    the proper test to be applied in the solution of the question whether

    bail should be granted or refused is whether it is probable that the

    .

    party will appear to take his trial. Otherwise also, normal rule is of

    bail and not jail. Apart from above, Court has to keep in mind

    nature of accusations, nature of evidence in support thereof,

    severity of the punishment, which conviction will entail, character of

    of
    the accused, circumstances which are peculiar to the accused

    involved in that crime.

    17.
    rtThe Apex Court in Prasanta Kumar Sarkar versus

    Ashis Chatterjee and another (2010) 14 SCC 496, has laid down

    various principles to be kept in mind, while deciding petition for bail

    viz. prima facie case, nature and gravity of accusation, punishment

    involved, apprehension of repetition of offence and witnesses

    being influenced.

    18. In view of the aforesaid discussion as well as law laid

    down by the Hon’ble Apex Court, bail-petitioner has carved out a

    case for grant of bail, accordingly, the petition is allowed and the

    bail-petitioner is ordered to be enlarged on bail in aforesaid FIR,

    subject to his furnishing personal bond in the sum of Rs.2,00,000/-

    with two local sureties in the like amount to the satisfaction of

    concerned Chief Judicial Magistrate/trial Court, with following

    conditions:

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS
    16

    (a) He shall make himself available for the purpose of
    interrogation, if so required and regularly attend the
    trial Court on each and every date of hearing and if
    prevented by any reason to do so, seek exemption

    .

    from appearance by filing appropriate application;

    (b) He shall not tamper with the prosecution evidence
    nor hamper the investigation of the case in any
    manner whatsoever;

    (c) He shall not make any inducement, threat or
    promises to any person acquainted with the facts
    of the case so as to dissuade him/her from
    disclosing such facts to the Court or the Police

    of
    Officer; and

    (d) He shall not leave the territory of India without the
    prior permission of the Court.

                        (e)      He shall surrender his passport, if any, before the
                           rt    investigating agency.
    
    
    

    19. It is clarified that if the petitioner misuses the liberty or

    violates any of the conditions imposed upon him, the investigating

    agency shall be free to move this Court for cancellation of the bail.

    20. Any observations made hereinabove shall not be

    construed to be a reflection on the merits of the case and shall

    remain confined to the disposal of this application alone. The

    petition stands accordingly disposed of.

    21. A downloaded copy of this order shall be accepted by

    the learned trial Court, while accepting the bail bonds from the

    petitioner and in case, said court intends to ascertain the veracity

    of the downloaded copy of order presented to it, same may be

    ascertained from the official website of this Court.

    (Sandeep Sharma)
    Judge
    July 21, 2026
    (sunil)

    ::: Downloaded on – 22/07/2026 20:31:56 :::CIS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here