1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.382 of 2010. Decided on: May 4, 2010. ______________________________________________________________________ Tarsem Kumar ……..Petitioner. Versus State of H.P. …..Respondent. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? For the petitioner : Mr. Digvijay Singh, Advocate. For the respondent : Mr.A.K. Bansal, Addl. Advocate General. ____________________________________________________________ SURINDER SINGH,J (oral) : 1. Report filed. 2. The petitioner was arrested on 3.3.2010, in FIR No.91/10, registered in Police Station Nurpur, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. His bail was rejected by the Court of Sessions, as such, the instant bail application under Section 439 of the Code of Criminal Procedure, has been moved in this Court. 3. Pursuant to the notice given to the respondent, Shri A.K. Bansal, learned Additional Advocate General put in appearance, filed report and objected to the bail, on the grounds that the petitioner was assisting his Whether reporters of the Local papers are allowed to see the judgment? 2 pillion rider to transport 110 grams of Charas and further that the petitioner is of a shady character, involved in four criminal cases. 4. The learned trial Court rejected the bail application of the petitioner, on the ground that although the quantity recovered from his co-accused is less than the commercial quantity, but in case the petitioner is released on bail, then there is an apprehension that he would threaten the prosecution witnesses. 5. Keeping in view the facts of this case and also the quantity of Charas in question, recovered from the pillion rider, in my opinion, the petitioner can be enlarged on bail on appropriate conditions. As such, the petitioner is ordered to be released on bail, on his furnishing the bail bonds in the sum of Rs.10,000/- with one surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kangra at Dharamshala and this bail shall be subject to the following conditions that the petitioner:- (i) shall not repeat the offence of the like nature and shall not involve himself in the criminal activity in future; 3 (ii) shall cooperate with the prosecution to take the case to its logical end and shall present himself in the court as and when required; (iii) shall not make any inducement, threat or promise to any of the witnesses acquainted with the facts of this case, so as to make true disclosure of facts, either to the police officer or to the Court. 6. It is made clear that in case the petitioner shall commit the breach of any of the conditions aforesaid, the liberty of bail shall be cancelled. 7. Any observations made hereinabove, are strictly for the purpose of deciding the present bail application and shall not affect the merits of this case. 8. An authenticated copy of this order be sent to the learned Chief Judicial Magistrate concerned, for his information and necessary action at his end. 9. In case any of the party(s) applies for urgent copy, it be supplied to them, as per rules. The petition stands disposed of. (Surinder Singh), Judge. May 4, 2010. (Pds)