VIRENDER KUMAR 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. 278 of 2018, dated 07.12.2018, under Section 18 of the ND&PS Act, Police Station Sadar, District Bilaspur, 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 07.12.2018, at about 06:00 p.m., a police team was on patrol duty at place Planighat. When PSI was talking with Gram Panchayat Pradhan and Ward Member, a person appeared from the bushes and on seeing police he threw something. On noticing his abnormal behavior, the person was nabbed and he disclosed his name as Virender Kumar (petitioner herein). Police checked the substance thrown by the petitioner and same was found to be opium. The contraband, on weighment, was found to be 151 grams. Police completed all the sample and sealing formalities. Police recorded the statements of witnesses and rukka was sent to the police station for registration of FIR. The petitioner was arrested and sample of recovered contraband was sent for scientific analysis and as per the report, the sample was of opium. As per the police, the petitioner is also involved in other matters and in case he is enlarged on bail, he may flee from justice and may also tamper with the prosecution evidence. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was involved in a serious offence and in case he is released on bail, he may tamper with the prosecution evidence and may also flee from justice.