AKHIL BHARDWAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 129 of 2019, dated 06.06.2019, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered in Police Station Solan, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 05.06.2019 a police party was on routine patrol duty at place Saproon Chowk. At about 08:30 p.m., police got a tip-off that near Hotel Paragon, in the ground floor of Batra Niwas, one Subodh @ Sonu (coaccused) is selling heroin. Police formed a raiding party and went to the spot. At about 09:15 p.m. accused Subodh came there and the door of his room was knocked. The door was opened by accused Subodh and two more boys were found in the room, who disclosed their names as Akhil Bhardwaj (petitioner herein) and Sandeep Kumar (co-accused). After giving their search, the police started searching the room and it was duly videographed and photographed. Police found an electronic Weighing Machine, a spoon, currency notes of rupees ten, which were rolled, four insulin injections, four gas lighters and some white substances contained in a polythene packet. The said polythene packet was checked and it was found containing heroin (chitta), which, on weighment, was found to be 14.82 grams. Thereafter, the police completed all the codal formalities. Spot map was prepared and the statements of the witnesses were recorded. The petitioner and coaccused were arrested. During the course of investigation the petitioner and co-accused Sandeep Kumar divulged that they are drug addicts and accused Subodh used to supply them heroin. They further divulged that they paid rupees four thousand each to accused Subodh and he procured heroin from Delhi. Accused Subodh also divulged that the petitioner and co-accused Sandeep Kumar are drug addicts and they gave him rupees four thousand each for heroin. He has further disclosed that he purchased the heroin from some unknown Nigerian at Delhi. As police team, alongwith accused Subodh went to Delhi, but that Nigerian person could not be traced. Sample of contraband was sent to SFSL, Junga, for forensic analysis and it was found to be sample of Diacetyle morphine (Heroin). As per the police, challan stands presented in the Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious crime. There is possibility that in case, at this stage, if the petitioner is enlarged on bail, he may flee from justice and tamper with the prosecution evidence.