NARAYAN SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant petition has been instituted by the bail petitioner under Sec. 439 Cr.P.C, for, his being released from judicial custody, wherein he is extantly lodged for his allegedly committing offence(s) punishable, under, Sections 20, and, under Sec. 29 of ND&PS Act, in respect whereof, FIR No. 6 of 2018 of 10.7.2018, is lodged, at Police Station, State C.I.D. Bharari, District Shimla, Himachal Pradesh.

(2.) An apt status report has been filed by the Investigating Officer. It is portrayed in the status report, that, the quantum of the relevant item of contraband, recovered from the conscious and exclusive possession of the bail applicant, hence weighing 1.789 kilogram, and, the quantity of purified resin therein, being 34.26%. The afore apt pure content, of, the relevant item, of contraband, as, recovered, from, the conscious and exclusive possession of the bailapplicant, hence renders, it, to fall in non commercial quantity thereof, (i) thereupon with their being no statutory bar, against indulgence, of, bail being affordable vis- -vis the afore weight, of, the relevant item of contraband, as, recovered from the conscious and exclusive possession, of the bail-applicant, (ii) Also, with, a, coaccused in the instant F.I.R., namely one Kalyan Singh, standing, granted, the, indulgence of bail by this Court under orders, of, 13.8.2018, made upon Cr.M.P(M) No. 982 of 2018, thereupon on, the principle of parity therewith this Court, is, constrained, to, allow the bail application, (iii) especially when no material has been placed on record, by the prosecution, demonstrative, of, qua in the event of bail being granted to the bail petitioner, there being/is every likelihood, of, his fleeing from justice or tampering with prosecution evidence. Accordingly, the indulgence of bail is granted to the bail petitioner, on the following conditions:-

(3.) Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.