SURESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 13 of 2016, dated 09.03.2016, under Section 20 of the ND & PS Act, registered in Police Station Rajgarh, district Sirmour, 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 fruitful purpose will be served by sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 09.03.2016 a police team had laid a nakka at near Petrol Pump, Giripul, and at about 10:00 a.m. they intercepted a Maruti car, having registration No. CH01Z-7135. There were three occupants in the said car and they disclosed their names as Dharam Singh, Ajay Kumar and Baljinder Singh. Police recovered a carry bag from the case, which on checking contained a clothe parcel, which contained some black substance. The said substance was found to be charas and on weighment it was found to be 1.978 grams. Thereafter, the police completed all the codal formalities. The vehicle was seized alongwith its documents and a case was registered against the said persons under the apt provisions of ND & PS Act. Police prepared the spot map and also recorded the statements of the witnesses. The contraband was sent for forensic analysis to SFSL, Junga and it was found to be extract of cannabis. During the course of investigation and interrogation, accused Baljinder Singh divulged that the petitioner traveled with them and he disclosed his mobile number. Police found that the petitioner was in touch with accused Baljinder and he is using his cell phone in the area of Theog, but on 10.03.2016 the said phone was switched off. The petitioner, on being traced, was found absconding and accused Ajay Kumar and Dharam Singh had also absconded. So, relevant proceedings were initiated against them in the Court. On 29.08.2016 challan was presented in the learned Trial Court and on 13.09.2017 accused Baljinder Singh was convicted. On 20.09.2017 accused Ajay Kumar and Dharam Singh were declared as proclaimed offenders. On 31.08.2019 accused Ajay Kumar was arrested and on 12.09.2019 accused Dharam Singh was also arrested. During the course of investigation accused Baljinder Singh divulged that he purchased the charas from one Rinku and he disclosed his cell number. The said number was found to be in use by the petitioner and it was also found that from this cell number several calls were made to accused Baljinder Singh. As per the police, in the instant case the quantity of charas recovered is commercial and the petitioner deliberately evaded his arrest for substantial time. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and he deliberately evaded his arrest for considerable time. The quantity of contraband recovered is commercial and one of the accused, Baljinder Singh, stands convicted from the learned Trial Court, so there is possibility that the petitioner in case at this stage enlarged on bail, he may flee from justice, so the bail application be dismissed.