GULSHAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 13.9.2019, ASI Gulshan Kumar, has come present alongwith records. Mr. Kunal Thakur, learned Deputy Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(2.) Close scrutiny of record/status report reveals that on 28.8.2019, police party apprehended one maruti Car bearing registration No. CH 03C 8179 being driven by the present bail petitioner. Allegedly, bail petitioner after having seen police fled away from the spot leaving behind his Car. Though, police party tried to apprehend the bail petitioner, but he managed to escape. Subsequently, police party associating independent witnesses searched the car in question and recovered 109.8 grams of charas alongwith one Samsung phone. Since the police officials namely Sunil and Ashwani, had seen the bail petitioner fleeing from the spot, police party made inquiries from the owner of the vehicle in question. Owner of the vehicle informed the police that vehicle in question has been sold to the bail petitioner, but registration in his name is yet to be done. On the basis of aforesaid information received by the police, FIR detailed herein above, came to be lodged against the present bail petitioner, who despite having received information from the police, failed to present himself in the police station.

(3.) On 11.7.2019, bail petitioner filed instant petition under Section 438 Cr.PC seeking therein anticipatory bail, but on that day, this Court refused to grant him bail and only called for the records. On 13.9.2019, ASI Gulshan Kumar, came present before this Court alongwith record. However, on that day, bail petitioner, who had come present in Court offered to join investigation.