IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) Nos. 2710 of 2024 and Cr.MP(M) No. 2711 of 2024 Decided on: 03.01.2025 ____________________________________________________ 1. Cr.MP(M) No.2710 of 2024 Pritam Chand ….. petitioner Versus State of Himachal Pradesh …..respondent ____________________________________________________ 2. Cr.MP(M) No.2711 of 2024 Lata Devi ….. petitioner Versus State of Himachal Pradesh …..respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Adarsh K. Vashisht, Advocate. For the respondent : Mr. Diwakar Dev Sharma, Additional Advocate General. ____________________________________________________ Bipin Chander Negi, Judge (oral) The present bail petitions have been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail, the same arise out of the same FIR No.109 of 2024, dated 30.09.2024, registered at Police Station, Baijnath District Kangra, H.P. under Section 20 of the Narcotics Drugs and Psychotropic Substance Act. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Heard counsel for the parties. Status report filed, the same is taken on record. Copy whereof supplied to learned counsel appearing on behalf of the petitioner. 3. The case of prosecution is that on the joint land owned by the bail petitioners alongwith one Suresh Kumar, on 30.09.2024, twenty thousands cannabis plants were found grown. 4. Insofar as the bail petitioner Lata Devi is concerned, she has two daughters and one son. Daughters are named Vandana Devi and Chanchala Devi. Both are married and live separately with their husbands. The son of Lata Devi i.e. one Praveen Kumar works in a Hotel at Aut in Mandi. He seldom comes home. 5. The land in question is jointly owned by the bail petitioner with Prittam Chand and Suresh Kumar. The land has not been partitioned. Insofar as Prittam Chand is concerned, he as per averments made in the bail petitions, is not involved in the cultivation of such plants rather such plants grow in the abandoned field on their own. He does not reside at the place wherein the alleged recovery of cannabis has been made by the prosecution. He leads a nomadic existence with his milch (sheep, goats) animals. 6. Cannabis on account of the suitable growing conditions grows naturally in the area in question. Since September is the end of the monsoon season, therefore, on 3 account of the monsoon in July and August, there is spontaneous growth of cannabis in these areas. As per the status report, investigation in the case at hand is complete and only the challan is required to be filed. 7. Learned Additional Advocate General for the respondent/State submits that no recovery is to be effected from the bail petitioner. There is no requirement for any custodial interrogation insofar the bail petitioner is concerned. 8. At the time of deciding the bail petition, a detailed discussion of evidence so collected and produced by the prosecution is to be avoided as it may cause prejudice to the case of either of the parties. 9. The charges against the petitioner are yet to be proved. Pre trial incarceration is not the rule. No past criminal history has been attributed to the present bail petitioner. 10. The petitioners are the R/o Sarajada, P.O. Deol, Tehsil Baijnath, District Kangra, H.P. and the respondent-State has not expressed any apprehension of the petitioners fleeing from justice. In any case, the petitioners can be put to terms for the purpose of safe, secure and un-obstructed completion of trial. 11. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioners on bail is required to be 4 exercised in their favour. Accordingly, the bail applications are allowed and interim orders dated 02.12.2024 are confirmed. This bail order is subject, however, to the following conditions:- (i) that the petitioners will appear before the Court and the Investigating Officer whenever required ; (ii) that they will 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/her from disclosing any facts to the Court or the police; (iii) that they will not tamper with the prosecution evidence nor they will try to win over the Prosecution witnesses or terrorise them in any manner; (iv) that they will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case; (v) that they will not leave India without prior permission of the Court; & (vi) Petitioners shall inform the Station House Officer of the concerned police station about their place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish details of their Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any. 12. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of 5 instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations. With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any. 13. In view of the above, the petition stands disposed of. (Bipin C. Negi) Judge January 03, 2025 tarun