BITU Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has been arrested under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in FIR No. 169 of 2008, registered in Police Station, Karsog on 13.10.2008, allegedly for abetting and hatching conspiracy with respect to transport of the Charas by his two co -accused.

(2.) THE petitioner was declined bail once by the learned Sessions Judge and thereafter by learned Additional Sessions Judge (Fast Track Court), Mandi.

(3.) ON perusing the record, I do not find any legal evidence that the petitioner herein had the knowledge that his co -accused Med Ram and Ved Ram were carrying the Charas with them. Although his enlargement on bail has been objected to by the respondent, yet prima facie I find that there are reasonable grounds for believing that the petitioner is not guilty of offence against him and there is also no likelihood of his committing any such offence while on bail, in absence of any allegations to this effect against him. Accordingly, the petitioner Bitu is hereby granted bail, on his furnishing the bail bonds in the sum of Rs. 20,000/ - with one surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Mandi and this bail shall be subject to the conditions that the petitioner :