LAWS(HPH)-2023-5-118

AARIF KHAN Vs. STATE OF HIMACHAL PRADESH

Decided On May 19, 2023
AARIF KHAN Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Status report filed, which is perused and ordered to be taken on record. By way of this petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner has prayed for grant of regular bail, in FIR No.191 of 2020, dtd. 9/12/2020, registered under Ss. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, (hereinafter to be referred as 'NDPS Act' for short) at Police Station Chowari, District Chamba, H.P.

(2.) When the case was taken up for consideration, learned counsel for the petitioner has argued that one of the co"accused had already been released by this Court in terms of order dtd. 12/5/2023, passed in Cr.MP(M) No.997 of 2023, titled as Rashid Khan Versus State of Himachal Pradesh and therefore, in these circumstances, it will be in the interest of justice in case present petitioner be also released on bail on the same terms and conditions as imposed in the aforesaid bail petition.

(3.) As the factum of the co"accused having been released on bail in terms of order dtd. 12/5/2023, passed in Cr.MP(M) No.997 of 2023, titled as Rashid Khan Versus State of Himachal Pradesh could not be disputed by the State, therefore, in these circumstances, this petition is allowed, by ordering the petitioner release on bail in FIR No.191 of 2020, dtd. 9/12/2020, registered under Ss. 20, 25 and 29 of the ND&PS Act, at Police Station Chowari, District Chamba, H.P. on his furnishing personal bond to the tune of Rs.1,00,000.00' (Rs. One Lac) with one surety in the like amount, to the satisfaction of the learned CJM/ACJM/JMFC concerned, within a period of two weeks from today, subject to the following conditions:"