PRADEEP CHAUHAN 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. 11 of 2013, dated 27.01.2013, under Sections 20 and 22 of the Narcotic Drugs and Phychotropic Substances Act, registered in Police Station Dhalli, District Shimla, 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 Chopal, District Shimla, 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 reports stand filed. As per the prosecution story, on 27.01.2013 a police team was on patrol duty near Gurudwara. Police spotted two persons coming on foot from the side of Sunni and on seeing the police, they took a slew and tried to flee. Police apprehended them and it was found that they have used some narcotics. Police associated the independent witnesses and in their presence the said persons disclosed their names as Jai Kumar and Pradeep (petitioner herein). Police, prior to their search, gave their search and after that both personal search of the both the accused persons was conducted. During personal search of accused Jai Kumar 268 tables of Nitrozen-10 were recovered from his pockets. Accused Jai Kumar could not produce any valid licence or permit for possessing such huge quanity of drugs. Thereafter, the police conducted the personal search of petitioner Pradeep and recovered 22.50 grams of charas (cannabis). Subsequently, the police conducted all the codal formalities. Police prepared the spot map and also recorded the statements of the witnesses. The petitioner and the co-accused were arrested. On 01.02.2013 the learned Trial Court enlarged the petitioner on bail. After completion of investigation, challan was presented in the learned Trial Court on 30.05.2013. Thereafter, the petitioner did not appear before the learned Trial Court and on 03.01.2019 was declared proclaimed offender. On 20.04.2019 the petitioner was arrested and produced in the learned Trial Court and since then the petitioner is in custody. The next date of hearing in the present case before the learned Trial Court is 24/25.09.2018. Lastly, it is prayed that the petitioner is very clever person, and in case at this stage he is enlarged on bail, he may again flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.