BALDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 7/22, dtd. 20/1/2022, under Ss. 21 and 29 of the ND&PS Act, registered at Police Station Chirgaon, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 20/1/2022, a police team was on routine patrol duty, and during patrolling and traffic checking at about a distance of 50-60 meter from Chirgao Bridge towards Sandasu Road Bridge, a white Honda Amaze, bearing registration No. HP-10B-6465, came from Chirgao side. On inquiring about the papers, the driver of the vehicle got perplexed and the person sitting besides him also got perplexed. On suspicion, the vehicle of the accused was checked and during checking a plastic packet was recovered. On checking the plastic packet, grey substance was found. On weighing the substance, it was found 17.57 grams of Heroin. Police completed all the codal formalities and the petitioner was arrested. A case under the apt Ss. of ND&PS was registered and the investigation ensued. Police recorded the statements of the witnesses and prepared the spot map. It is prayed that at this stage, the bail application of the petitioner be dismissed.