LAWS(HPH)-2019-11-95

SHANTA BAHADUR Vs. STATE OF HIMACHAL PRADESH

Decided On November 19, 2019
Shanta Bahadur Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

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. 91 of 2019, dated 07.04.2019, under Section 20 of the ND &PS Act, registered in Police Station Sadar Kullu, District Kullu, 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 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 07.04.2019, at about 03:45 p.m., a police team had laid a nakka at place Kainchi Mod, Jari Main Road. Police spotted a Nepali person coming and he was carrying a carry bag. On seeing police, the said person took a slew and started running. He was chased and approximately 1/2 km away apprehended. Police asked him as to why he ran, but he could not give any satisfactory reply. Police searched for independent witnesses, but no one could be found. The nabbed person divulged his name as Shanta Bahadur (petitioner herein). The bag, being carried by him, was checked and it was found stuffed with black substance, which was charas. On weighment the recovered contraband was found to be 1 kg and 210 grams. Thereafter, the police completed all the codal formalities and the petitioner was arrested. Police prepared the spot map and recorded the statements of the witnesses. During the course of investigation, the petitioner divulged that a Nepali person gave the contraband to him for selling. Despite extensive search, the police could not trace the person who, as per the petitioner, gave the contraband to him. The chemical report revealed that the contraband is charas. As per the police, on 08.07.2019 challan was presented in the learned Trial Court and now the case is listed on 23.11.2019 for PWs. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner committed a serious crime. The quantity recovered from the petitioner is commercial quantity. The trial is in initial stage and there is possibility that in case at this stage if the petitioner is enlarged on bail, he may flee from justice, as he resident of Nepal. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.