HEM RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an application for placing on record copy of order dated 10.10.2017, 17.10.2017 and 18.10.2017 [Annexure P-5 (Colly)] and exemption from filing certified/typed copy of the same.

(2.) The petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure (for short 'Cr.P.C.') for grant of regular bail in FIR No.99 dated 12.2.2017, registered under Section 22-C/61/85 of NDPS Act, Police Station Ratia, District Fatehabad.

(3.) It is contended by learned counsel for the petitioner that the alleged occurrence is dated 12.2.2017, report under Section 173 Cr.P.C. was submitted on 2.6.2017 and the petitioner is in custody since 10.3.2017. Further contended that as per allegations of the prosecution, the petitioner threw the bag containing contraband and fled away by scaling the wall. In the site plan (P-4), no wall has been shown. It was further contended that it is not believable that sole accused can ran away in the presence of the police party and even nothing has been recovered from the petitioner and therefore, it cannot be said that he was in conscious possession of the contraband.