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SUSHIL KUKREJA, VACATION J. (ORAL) –

By way of the instant petition filed under Section 439 of the Code of Criminal Procedure, the petitioner is seeking interim bail in case FIR No. 36/2023, dated 01.02.2023, registered at Police Station Nurpur, District Kangra, H.P., under Sections 21, 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”).

2. The petitioner is seeking interim bail on the ground that his marriage is fixed for 16th and 17th June, 2023 and all the arrangements qua his marriage have been made and a lot of money has already been spent by both the families. Therefore, it is prayed that the petitioner be enlarged on interim bail for fifteen days so that he can perform marriage alongwith other rituals.

3. The learned Additional Advocate General for the respondent/State has contended that in case the petitioner is enlarged on bail be may tamper with the prosecution evidence or flee from justice.

4. Since, the marriage of the petitioner is fixed for 16.06.2023 & 17.06.2023, the instant petition is allowed on humanitarian grounds and the petitioner is ordered to be released on interim bail on his furnishing personal bond to the tune of Rs. 10,00,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent, Lala Lajpat Rai District & Air Correctional Home, Dharamshala, H.P., w.e.f. 14.06.2023 to 23.06.2023. In the event of the bail bonds being furnished by the petitioner alongwith one surety in the like amount, he be released on bail forthwith by taking on record his undertaking that he shall surrender himself before the Jail Superintendent concerned, i.e. Lala Lajpat Rai District & Air Correctional Home, Dharamshala, H.P., on 24.06.2023. The bail is being granted subject to the following conditions:-

“(i) That the petitioner will appear before the Court and the Investigating Officer whenever required;

(ii) That he 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 he will not tamper with the prosecution evidence nor they will try to win over the prosecution witnesses in any manner;

(iv) That he will not leave India without prior permission of the Court.

(v) That the petitioner shall mark his presence twice a day, i.e. in the morning and in the evening, with the Station House Officer of the concerned Police Station and shall inform about his place of residence during the period of interim bail. Any change in the same shall also be communicated promptly. Petitioner shall furnish details of his Aadhar Card, Telephone Numbers, Mobile Number, Email address, PAN Card, Bank Account Number, if any, to the Station House Officer. Petitioner shall also furnish his cell number to the concerned station house officer, on which he can be reached.”

5. It is clarified that the interim bail is being granted in the peculiar facts and circumstances of the case and will have no bearing on the merits of the case.

6. Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the concerned authority, who shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.

Petition allowed.

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