LAWS(HPH)-2015-9-85

MAN BAHADUR Vs. STATE OF HIMACHAL PRADESH

Decided On September 24, 2015
MAN BAHADUR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) PRESENT application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with FIR No. 58 of 2015 dated 11.5.2015 registered under Sections 20 -61 of Narcotic Drugs and Psychotropic Substances Act 1985 at Police Station Jhakri, District Shimla Himachal Pradesh.

(2.) IT is pleaded that applicant was arrested on the intervening night of 10th May 2015 and 11th May 2015 at 12.45 AM. It is further pleaded that applicant is in jail for a long time. It is further pleaded that the health of applicant has deteriorated. It is further pleaded that investigation in the present case is complete and challan already stood filed in the Court on 1st August 2015. It is further pleaded that applicant is living in India for more than 10 years. It is further pleaded that applicant will not abscond to Nepal. It is further pleaded that applicant will produce two responsible persons as his surety and will abide by all the terms and conditions imposed by the Court. It is further pleaded that no prejudice will be caused to the prosecution if the applicant is released on bail. Prayer for acceptance of bail application filed under Section 439 of the Code of Criminal Procedure 1973 sought.

(3.) FOLLOWING points arise for determination in the present bail application: