IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MPs(M) No.132 and 133 of 2010. Decided on: 24th February, 2010. _______________________________________________________ 1. Cr.M.P.(M) No.132 of 2010. Rajiv alias Sanju ….Petitioner Versus State of HP. ……..Respondent. 2. Cr. M.P.(M) No.133 of 2010. Vinod Kumar .. Petitioner. Versus State of HP. .. Respondent. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? No. For the petitioner(s) : Mr. Satyen Vaidya, Advocate. For the respondent : Mr. J.S. Rana, Assistant Advocate General. ____________________________________________________ SURINDER SINGH, J (Oral) This order shall dispose of above titled bail petitions preferred by the petitioners under Section 439 of the Code of Criminal Procedure, as having been arisen from the same FIR No.229 of 2009, registered on 25th November, 2009 in Police Station, Boileauganj. To be brief, the prosecution case is that on 25th November, 2009 at about 4.10 a.m. at a place known as “Sola Meel”, taxi No.HP01A-6515, which was being driven by Rajiv alias Sanju, was intercepted by police party headed by ASI Harjit Singh and noticed that petitioner Vinod Kumar was sitting in front seat and Rajiv petitioner was on the driving wheel and three other persons, namely Tapat Bhadur, Whether reporters of the Local papers are allowed to see the judgment? Yes - 2 - Nain Bahadur, both Nepalese alongwith one Jameel resident of Bihar were occupying the rear seat. During checking of the taxi (Alto Car), which was going towards Bilaspur, a bag was found containing Charas weighing 1.850 kilograms from the beneath seat of the driver on the back side lying towards the other passengers sitting on the rear seat. The entire Charas was sealed and other formalities were also completed on the spot, thereafter the entire stuff was sent for its examination to the Forensic Science Laboratory, Jung. It tested positive and the resin contents were found to be 26.12% weight in weight. Petitioner Rajiv alias Sanju is a resident of Dehra Tehsil and another petitioner Vinod is the resident of Kumarsain Tehsil. Both of them are taxi drivers. Learned Counsel for the petitioners submitted that as per the prosecution case, the taxi was hired by the above named Nepalese and their co-accused Jameel in the odd hours of the night, first to go to Kandaghat and then to Bilaspur. Since the taxi was engaged in the odd hours of the night, as an abundant caution petitioner Rajiv alias Sanju took Vinod Kumar, his friend, alongwith him. Although, the police had recovered the alleged contraband from the taxi in question, but according to him, no knowledge can be attributed to the petitioners, as the bag in question belonged to the co-accused seating on the rear seat. I have perused the investigation file. The Challan has been presented in the Court for the trial of the petitioners and their co- accused and is fixed for 27th February, 2010 in the Court of learned Additional Sessions Judge (Fast Track Court), Shimla. Looking at the facts and circumstances of the case and the contentions raised by the learned Counsel for the petitioners, in my opinion, without commenting upon the merits of the case, the - 3 - petitioners can be enlarged on bail by imposing suitable conditions. Therefore, the petitioners are hereby ordered to be released on bail on furnishing of bail bonds in the sum of Rs.25,000/- each with two sureties each in the like amount to the satisfaction of the learned Additional Sessions Judge (Fast Track Court), Shimla, and this bail shall be subject to the conditions that the petitioners: (a) shall be present before the learned Additional Sessions Judge (Fast Track Court), Shimla on 27th February, 2010 on which date the case is fixed and thereafter as and when called upon to attend the Court; (b) 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 from disclosing such facts to the Court or to any police officer. It is made clear that the petitioners shall not misuse their liability and in case they commit any breach, their bail shall be cancelled. The observations made hereinabove are strictly for the disposal of these bail petitions and the same shall not be treated as an expression of opinion on the merits of the case. Let a copy of this order be sent to the learned Additional Sessions Judge (Fast Track Court), Shimla, for information and necessary action at his end and in case the parties apply for urgent supply of the copies, the same be also supplied to them immediately, as per rules. Both the petitions stand disposed of. February 24, 2010. (Surinder Singh),J. (rc)