VINOD KUMAR Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail, in case FIR No. 57 of 2016, dated 05.03.2016, under Sections 20, 25 and 29 of the ND&PS Act, registered in Police Station, Kullu, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 05.03.2016 a police team laid nakka at place Shirad Pooli. At about 09:15 a.m. a vehicle stopped before the bridge and driver and passenger sitting on front seat ran towards the nearby orchard. Two passengers, who were sitting on the rear seat, also ran towards the orchard. While they were running they threw a bag. Police chased them and nabbed the driver and other person sitting on the front seat, whereas persons sitting on the rear seat could not be apprehended.