OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has sought pre-arrest bail in FIR No. 27 of 2016 dated 16.11.2016 registered at Police Station State CID, Bharari, District Shimla, H.P. under Section 39/1 of the H.P. Excise Act, 2011.

(2.) The respondents have produced the records of investigation and have also filed the status report.

(3.) Evidently, this is not a case where the petitioner can be convicted with life imprisonment or death as the instant case is one of violation of the H.P. Excise Act, 2011. That apart, no recoveries are required to be effected from the petitioner and it is admitted that he does not have any previous criminal history or criminal antecedents. Rather it has come on record that the petitioner is a permanent resident of village Bahikyar, Post Office Okhru, Tehsil and District Shimla, H.P. and is, therefore, presumed to have roots in the society.