SANDEEP 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. 129 of 2019, dated 06.06.2019, under Sections 21 and 29 of the ND & PS Act, registered in Police Station Sadar Solan, District Solan, 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 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 05.06.2019 a police team was on routine patrol duty at place Saproon Chowk and the police got a secret tip off that near Hotel Paragon in Batra Niwas one Subodh @ Sonu is dealing in sale and purchase of heroin and in case his accommodation is raided heroin can be recovered. The police prepared a raiding party and associated independent witnesses and at about 09:15 p.m. door of the accommodation of said Subodh was knocked. The door was opened by a boy, who disclosed his name Subodh @ Sonu. There were two more boys in the said accommodation, who disclosed their names as Akhil Bhardwaj and Sandeep Kumar (petitioner herein). The raiding party, as per the rules, gave their search to them and thereafter the accommodation was searched. Police recovered an electronic weighing machine, a spoon, two currency notes of denomination of Rs. 10/-, which were rolled, four syringes, four lighters and a white polythene packet, which contained some white substance. On checking the said polythene packets, they contained heroin, which on weighment was found to be 14.82 grams. Thereafter, the police completed all the codal formalities and a case under the apt provisions of ND & PS Act, was registered. Police prepared the spot map and also recorded the statements of the witnesses. All the accused persons, including the petitioner, were arrested and medically examined. During the course of investigation, accused Akhil Bhardwaj and petitioner disclosed that they gave Rs. 4000/- each to accused Subodh @ Sonu for heroin and accused Subodh purchased heroin from Delhi from some unknown Nigerian person. Accused Subodh also disclosed that he went to Delhi and purchased heroin from some unknown person, who met him near Metro Pillar No. 688 and he also got identified the said spot. Upon being chemically tested, the recovered contraband was found to be heroin. As per the police, on 03.08.2019 challan was presented in the Court. On 26.08.2019 co-accused Akhil Bhardwaj was enlarged on bail and co-accused Subodh @ Sonu is lodged in jail. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.