PRAVEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, a prayer has been made for grant of bail under Sec. 439 of the Code of Criminal Procedure on behalf of the petitioner in case registered vide FIR No.158/2022 dtd. 16/12/2022 at Police Station, Theog, District Shimla.

(2.) Petitioner was apprehended by the Police alongwith two others, namely, Satyam Panchal and Karan Sharma in a vehicle bearing registration No.DL-8CBD-6599 on 16/12/2022 at 3:30 p.m. at place named Nangal Devi in Tehsil Theog, District Shimla. The apprehension of petitioner and other co-accused was on the basis of prior information. Petitioner was found occupying the Driver seat, whereas, Karan Sharma was on front passenger seat and Satyam Panchal was on the rear seat of the vehicle. 76.51 grams of Chitta/Heroin was recovered from the vehicle.

(3.) Learned counsel for the petitioner has placed on record a copy of order dtd. 8/2/2023 passed by a Co-ordinate Bench of this Court, in Cr.MP(M) No.218/2023, whereby, co-accused of petitioner, namely, Satyam Panchal has been ordered to be released on bail and, in fact, has been so released. Learned counsel for the petitioner has made a statement that petitioner is also entitled for grant of bail on the ground of parity.