KARTIK 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 ordered to be released from judicial custody, wherein he is extantly lodged, for, his allegedly committing offence(s) punishable under Sec. 20, and under Sec. 29 of ND&PS Act, in respect whereof, FIR No. 6 of 2019 of 191.2019, is lodged, at Police Station, B.S.L. Colony, Sundernagar, District Mandi, 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 Whether reporters of the local papers may be allowed to see the judgment relevant item of contraband, recovered from the conscious and exclusive possession of the bail applicant, weighs 59.48 grams. The weight of heroin recovered, from, the conscious and exclusive possession of the bail-applicant, falls in non commercial quantity thereof, thereupon with their being no statutory bar, against indulgence, of, bail being affordable, vis- -vis, the afore weight, of, contraband, recovered from the conscious and exclusive possession, of the bail-applicant, thereupon this Court is constrained, to allow the bail application. Moreso, when the afore findings are in tandem with, a, verdict recorded upon Cr.M.P(M) No. 137 of 2019.

(3.) However, the learned Additional Advocate General, submits before this Court with much vigor, that the bail applicant is a habitual criminal, and, there are other FIRs besides the instant one, recorded against him. He submits that hence given the repeated indulgence of the applicant in criminal activities, thereupon, the according of facility of bail in his favour, being not appropriate, as there, being likelihood of his influencing the prosecution witnesses, in other cases pending against him, and, also his re-indulging, in, commission of offences.