SURINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner-accused (Surinder Kumar) has come up before this Court, seeking pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, originating from FIR No.139 of 2023, dtd. 17/10/2023, under Sec. 21, 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Gagret, District Una, Himachal Pradesh. FACTUAL MATRIX

(2.) The case set up by the bail petitioner [Surinder Kumar] is that the bail petitioner has been arrested by the Police of Police Station Gagret, District Una, Himachal Pradesh, on 17/10/2023 in FIR No.139 of 2023, registered at Police Station under Ss. 21, 8(C) of the Narcotic Drugs and Psychotropic Substances Act. The case set up is that on 17/10/2023, the police party while on traffic checking noticed a motorcycle Splendor bearing No. HP72A-2979 with one rider. On noticing the police, the bail petitioner [Surinder Kumar] became perplex. On being asked by the police, he disclosed his name as Surinder Kumar-applicant/accused. The bag containing the Heroin/Chitta, weighing 5.65 grams was recovered from the bag, being carried by the bail petitioner (Surinder Kumar) herein. 2(i). After apprehending the bail petitioner, the codal formailities under Sec. 50 of the NDPS and other requisite formalities under the Act were undertaken. Thereafter the Rukka was prepared leading to the registration of the FIR. 2(ii). Consequent upon the registration of the FIR on 17/10/2023, the bail petitioner [Surinder Kumar] approached the Learned Special Judge-I Una, vide Bail Application No.470 of 2023 but the same was dismissed on 7/2/2024 as under:

(3.) Apart from this, the bail petitioner has averred that he shall participate in the investigation as and when called for by the Investigating Agencies and shall undertake to appear in the trial and shall not cause any threat or promise to any person acquainted with the facts of the case or the witnesses. It is further averred that in case the bail petitioner is released on bail he shall abide by all conditions as may be imposed by this Court. Learned counsel for the petitioner submits that the bail petitioner has been allegedly involved in contraband relating to inter mediate quantity, therefore, he may be released on bail.