MUNISH 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. 97 of 2018, dated 16.09.2018, under Section 18 of the ND&PS Act, Police Station Anni, 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 resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No Whether reporters of Local Papers may be allowed to see the judgment 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 16.09.2018, at about 11:45 a.m., a police party was on routine patrol duty at place Anni Bazaar. Police intercepted a vehicle, which was being driven by accused Parveen Kumar. The petitioner alongwith one other persons was sitting in the vehicle and he disclosed his name as Munish Kumar and the other person disclosed his name as Ravi Kumar. On being asked by the police as to why they have come to this place, the petitioner and others could not give any satisfactory reply. As there was suspicion on the petitioner and co-?accused persons, police searched for independent witnesses, but none could be associated despite best efforts. In presence of police personnel all the occupants of the vehicle were made to alight from the vehicle and search of the vehicle was conducted. During search of the vehicle, a pink carry bag was found, which contained 450 grams of opium. Thereafter, the police completed all the codal formalities. Police registered a case against the accused persons and recorded the statements of the witnesses. The accused persons, including the present petitioner, were arrested. As per the police, challan stands presented in the Court and co-?accused Praveen Kumar and Ravi Kumar have already been enlarged on bail. Now the case is listed for prosecution evidence on 06.08.2019 to 08.08.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was found involved in a serious offence and in case at this stage, the petitioner is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice.