SACHIN SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 2 of 2025, dtd. 2/1/2025, registered at Police Station Ghumarwin, District Bilaspur, H.P., for the commission of an offence punishable under Sec. 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

(2.) It has been asserted that, as per the prosecution's story, the police recovered 13.7 grams of heroin and arrested the petitioner. The allegations against the petitioner are false. The petitioner has no role in the commission of the crime, and the prosecution's case is based on an imaginary story. The police have filed the chargesheet before the Court. The petitioner had earlier filed the bail petition before this Court, which was registered as Cr.MP(M) No. 1251 of 2025 and was dismissed on 25/6/2025. The petitioner was earlier convicted in FIR No. 43/2018 and was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs.5,000.00. Another FIR No. 13 of 2024 is pending against the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the police party was on a traffic checking duty on 2/1/2025. A person came from Jahu towards Kuthera at about 04.35 p.m. He had a yellow carry bag with him. He returned after seeing the police and started walking briskly. The police apprehended the person who revealed his name as Sachin Sharma (the present petitioner) in the presence of Nitin Mahajan. The police searched the yellow carry bag and found