TALBE RAM 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. 23 of 2019, dated 01.02.2019, under Section 20 of the ND &PS Act, registered in Police Station Bhuntar, 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 permanent resident of District Mandi 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 31.01.2019 a police team was on routine traffic checking at place TCP, Bajaura. At about 10:30 p.m., a bus, having registration No. DL1PC-4550, was stopped for checking. The driver and conductor revealed their names as Shri Vintu Khanna and Shri Sumit Kumar, respectively. Thereafter, the police started checking the belongings of the passengers. The passengers sitting on seats No. 1 and 2, on seeing police, got perplexed and tried to hide by pushing a bag underneath their legs. On being asked, these passengers divulged their names as Talbe Ram (petitioner herein) and Megh Singh (co-accused). Beneath their legs a suitcase was found and being checking, it contained five packets. The police suspected that the said packets may contained some narcotics, so both the above persons were made to alight from the vehicle and they were taken to TCP room. The recovered five packets were opened and nine transparent polythene packets were found, which contained some black substance, which was charas. On weighment, the recovered contraband was found to be 2 kg and 225 grams. Thereafter, the police complete the codal formalities. Police prepared the spot map and recorded the statements of the witnesses. The petitioner and the co-accused were arrested. During the course of investigation, the petitioner and the co-accused disclosed that they themselves prepared the charas by rubbing and they were transporting the same to Delhi for sale. The chemical report revealed that the contraband is charas. As per the police, challan was presented in the learned Trial Court on 08.04.2019. 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. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.