LAWS(HPH)-2023-3-25

BHOLA SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On March 03, 2023
BHOLA SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C. in case FIR No. 36 of 2021, dtd. 16/2/2021, under Ss. 15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (for short "ND&PS Act"), registered at Police Station, Aut, District Mandi, H.P.

(2.) The petitioner has prayed for grant of bail on the ground that he has been falsely implicated. He is in custody since 16/2/2021 and the trial has not yet concluded. It is submitted that in case of grant of bail to the petitioner, he shall make himself available for the remaining trial without causing any delay in its conclusion.

(3.) Per contra, the respondent has opposed the bail application and has submitted that the petitioner is involved in offence under Sec. 15 of the ND&PS Act involving commercial quantity of contraband. It is further submitted that the petitioner had earlier also approached this Court for grant of bail by way of Cr.MP(M) No. 882 of 2022 and had remained unsuccessful as his bail petition was rejected by this Court on 13/5/2022. As per the respondent, there is no changed circumstance and hence the petitioner is not entitled to any relief.