IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA Cr.M.P.(M) No. 782 of 2011 Date of decision: 13.10.2011. _______________________________________________________ Ashok Kumar ….. Petitioner. Versus State of Himachal Pradesh. …. Respondent. ________________________________________________________ Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Ms. Seema Guleria, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl.Advocate General with Mr. J.S. Rana, Assistant A.G. Kuldip Singh, J (Oral) This is an application for releasing the petitioner on bail under Section 439 Cr.P.C. in FIR No.15 dated 21.1.2011 registered at Police Station, Dhalli for offence punishable under Section 20 of the Narcotics Drugs and Psychotropic Substance Act, 1985. 2. It has been stated in the application that allegation against the petitioner is that he was found in possession of 300 grams of charas. He was released on bail by learned Addl. Chief Judicial Magistrate, Shimla. The case was listed on 24.8.2011 before learned Sessions Judge, Shimla for consideration of charge. The petitioner had gone to his sister’s matrimonial house due to some matrimonial problem and therefore, he could not appear in the Court on 24.8.2011 Whether the reporters of the local papers may be allowed to see the Judgment?yes nor he could communicate to his counsel. The learned Sessions Judge had issued non-bailable warrants and fixed the case on 24.9.2011. 3. The petitioner filed an application under Section 70(2) read with Section 437 Cr.P.C. before learned Sessions Judge for grant of bail which was dismissed on 24.9.2011 and the case was fixed on 10.10.2011. The prayer has been made for releasing the petitioner on bail. 4. The bail application has been opposed by the learned Additional Advocate General. It has been stated that petitioner did not appear in the Court on 24.8.2011, he was arrested and produced in the Court and now he is in judicial custody. It has been stated that the petitioner is resident of village Shukal Bazar, Tehsil and District Sultanpur ( U.P). The prayer has been made for rejecting the bail application. 5. I have heard the learned counsel for the parties and have also gone through the police record. The petitioner was earlier released on bail. He did not appear in the Court on 24.8.2011 and after arrest he was produced in the Court below on 24.9.2011. It has been submitted that he had to go to matrimonial house of his sister and therefore, he did not appear in the Court on 24.8.2011. It has been submitted that earlier petitioner had been appearing in the Court below. In these circumstances, the petitioner has made out a case for grant of bail under Section 439 Cr.P.C. 6. Accordingly, petition is allowed. The petitioner is ordered to be released on bail in FIR No.15 dated 21.1.2011 registered at Police Station, Dhalli for offence punishable under Section 20 of the Narcotics Drugs and Psychotropic Substance Act, 1985 on his furnishing personal bond in the sum of ` 40,000/- with two sureties each of the like amount to the satisfaction of trial Court, with the conditions that the petitioner shall appear in the Court during trial on each date unless his presence is otherwise exempted by the trial Court and he shall not influence or overawe any prosecution witness. Copy ‘Dasti’. October 13, 2011 (Kuldip Singh), (sks) Judge.