NITIN SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Status report has been filed, which is perused and taken on record.

(2.) By way of this petition filed under Section 439 of the Code of Criminal Procedure Code (hereinafter referred to 'Cr.P.C.' for short), petitioner has prayed for grant of regular bail in FIR No. 49 of 2019, dated 29.03.2019, registered at Police Station Dharampur, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances, Act.

(3.) Mr. Sudhir Thakur, learned Senior Counsel appearing for the petitioner submits that the petitioner is in custody since 29.03.2019. He further submits that alleged recovery from the petitioner is of intermediate quantity, which otherwise is also not being admitted by the petitioner, because as per petitioner, he is innocent and has been falsely implicated in the matter. Learned Senior Counsel has further argued that as of now, important witnesses of the prosecution stand examined and no purpose is going to be served by detaining the petitioner in custody. He has further argued that in case petitioner is released on bail, then, he shall abide by all the terms and conditions which shall be imposed upon him by the Court, and in case, he violates any of the condition, but obvious, it will always be open for the respondent-State of move appropriate application for cancellation of the bail. He has further argued that the petitioner happens to be the local resident of village and PO Sanwara, Tehsil Kasauli, District Solan, HP. His parents are also residing in the same village and there is no possibility of the petitioner jumping the bail and avoiding the trial. With these submissions, he has prayed for grant of bail to the petitioner.