CHANDER NEGI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 287 of 2019, dated 10.12.2019, under Sections 21 and 29 of the ND&PS Act, registered in Police Station Boileauganj, District Shimla, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice.

(3.) Police report stands filed. As per the prosecution story, on 09.12.2019 a police team was on patrol duty Near Sankatmochan Temple, Shimla, and at about 9.15 p.m. police stopped a pickup, having registration No. HP63-9348, for checking. There were two occupants in the vehicle. On suspicion, police associated an independent witness and in his presence the driver of the vehicle disclosed his name as Chander Kumar Negi (petitioner herein) and other occupant disclosed his name as Raj Kumar (co-accused).