YASH PAL 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. 236 of 2018, dated 20.09.2018, under Section 20 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 permanent resident of the place 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 report stands filed. As per the prosecution story, on 19.09.2018 a police team was on patrol duty at Kaalang Road Lagvalley. At about 08:00 p.m., at place Naagu Jodh Thach Mashan Road, police through the head lights of their vehicle spotted a person, who was carrying a bag on his back. On seeing police, the said person took a slew and tried to flee. On being inquired, he disclosed his name as Yash Pal (petitioner herein). Police tried to associated independent witnesses, but as the place was secluded, no one could be associated. The bag of the petitioner was checked and a transparent polythene packet was recovered, which was found stuffed with some black substance, which was charas. On weighment, the recovered contraband was found to be 2 kg and 100 grams. Thereafter, the police complete the codal formalities. Police prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested. During the course of investigation, the petitioner disclosed that he himself, with the help of two Nepali persons, prepared the charas by rubbing and now the said Nepali persons have gone to Nepal. The chemical report revealed that the contraband is charas. As per the police, challan was presented in the learned Trial Court on 02.01.2019 and now the case is being listed for examination of prosecution witnesses. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner committed a serious crime. The quantity recovered from the petitioner is commercial quantity. The prosecution witnesses are being examined and there is possibility that in case at this stage if the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.