ARJUN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present bail petition filed under Section 439 Cr.PC, prayer has been made on behalf of the bail petitioner, for grant of regular bail in case FIR No. 119/19 dated 28.11.2019, under Sections 21 and 29 of the ND&PS Act, registered at Police Station Parwanoo, District Solan, Himachal Pradesh. Respondent State has filed the Status report in terms of order dated 24.2.2021. ASI Roshan lal, I.O. P.s. Parwanoo, District Solan H.P., is also present with records. Records perused and returned.

(2.) Record/Status report reveals that police on 28.11.2019 at about 5:10 pm, after having received secrete information raided room No.104 of Hotel Royal Regency, Parwanoo and allegedly, recovered 18.44 grams of heroin/chitta and currency notes of Rs. 45,000/- from the suit case of the present bail petitioner. Besides above, police recovered three syringes with needle, foil paper and half burnt note of Rs.10. Since bail petitioner and other-co-accused namely Sonu Kumar failed to render proper explanation qua the possession of aforesaid quantity of contraband, police after completion of necessary codal formalities, registered FIR, as detailed herein above, and since then, bail petitioner is behind bars, whereas other co-accused namely Sonu Kumar stands already enlarged on bail vide order dated 22.3.2021 passed by coordinate Bench of this court in Cr.MP(M) No. 264 of 2021. Since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner coupled with the fact that co-accused already stands enlarged on bail, bail petitioner has approached this Court in the instant proceedings under the changed circumstances.

(3.) Mr. Kunal Thakur, learned Deputy Advocate General while fairly admitting factum with regard to filing of challan in the competent court of law contends that keeping in view the gravity of offence alleged to have been committed by the bail petitioner, he does not deserve any leniency and as such, prayer made on his behalf for grant of bail deserves to be rejected outrightly. Learned Deputy Advocate General while making this court peruse record submits that petitioner is not a drug addict, rather is a drug paddler and as such, in the event of his being enlarged on bail, he may not only flee from justice, but may also indulge in such like activities again and as such, prayer for grant of bail may not be accepted.