KRISHNA @ KIRAN 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 her release in case FIR No. 29 of 2019, dated 06.02.2019, under Section 21 of ND&PS Act and Section 201 IPC, registered at Police Station Sadar Shimla, District Shimla, H.P.

(2.) The facts giving rise for registration of the above case against the petitioner can tersely be encapsulated as under: On 05.02.2019, a police team was on patrol duty and at about 06:45 p.m. a secret tip-off was received by the police that one Seema sells drugs from her dhara (kiosk). Acting upon the secret tip- off, police associated independent witnesses and reached the dhara of said Seema. Deputy Superintendent of Police and Tehsildar also reached on the spot. Seema alongwith her daughter Pooja and Dharma (husband of Pooja) were found present in the dhara. During the search of the dhara police recovered 378 grams heroin and currency notes of Rs. 33,350/- were also recovered. Thereafter, the police completed all the codal formalities. A case under the apt Sections of ND&PS Act was registered and the investigation commenced. Police prepared the spot map and recorded the statements of the witnesses. All the accused persons were arrested and they were medically examined. During the course of investigation the accused persons disclosed that one Krishna @ Kiran (petitioner herein) had given the contraband to them for selling it. Call records of the accused persons also reveal that they were in constant touch with the petitioner. It has come in the police investigation that the petitioner was earlier also found in possession of 2 kg ganja and a case under the ND&PS Act was registered against her. Thereafter the petitioner, in order to evade her arrest, absconded, but ultimately she was nabbed. During the course of interrogation, the petitioner divulged that the phone and the SIM card, used in the commission of the offence, have been destroyed by her. On 06.07.2019 the petitioner was arrested and during the course of investigation it had come that the petitioner deals in narcotics and she is spreading the menace of drugs. There is anger in the vicinity where the petitioner lives. On 30.12.2018 the local people of the area requested the petitioner not to deal in drugs, but petitioner alongwith her relatives gave beatings to them, so a case has been registered against her. The petitioner is the main kingpin and she is spreading the menace of drugs. One of the witness, namely Tanuja, in her statement disclosed that when Pooja and Dharma were arrested she received a telephonic call from the petitioner and she told her that she will manage the bails of Pooja and Dharma. As per the police, in case the petitioner is enlarged on bail, there is possibility that she may again start selling the drugs. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner is the main kingpin and in case she is enlarged on bail, she may tamper with the prosecution evidence and may also flee from justice. The petitioner can also threaten the prosecution witnesses, through her goons. There is possibility that the petitioner, in case enlarged on bail, may abscond. Simultaneously, the prosecution is objecting the bail application on the ground that in case the petitioner is enlarged on bail, she may try to influence the witnesses and there is possible danger of justice being thwarted by granting bail to the petitioner, so the application of the petitioner may be dismissed.

(3.) I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State, learned Counsel for the complainant and gone through the record, including the police reports, carefully.