TEJINDER BAHADUR 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. 274 of 2018, dated 01.11.2018, 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. The petitioner 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 01.11.2018, at about 06:15 p.m., a police team was on patrol duty at Suma Ropa Jungle. Police spotted two persons sitting on a parapet and a bag was lying in between them. On seeing police, the said persons hurriedly pushed the said bag behind the parapet and stood up. On suspicion, the police inquired the names of these persons, who disclosed their names as Tejinder Bahadur and Lal Bahadur. The persons were asked about the bag, but they could not give any satisfactory reply and looked baffled. Police had the suspicion of narcotics, but as the place was secluded, no independent witness could be associated. Thereafter, the police checked the bag and found some black substance enwrapped in transparent polythene, which was found to be charas. On weighment, the contraband was found to be 3,026 grams, i.e., 3 kgs and 26 grams. Thereafter, the police completed all the codal formalities and both the accused persons were arrested. During the course of investigation both the accused persons divulged that they prepared and collected the contraband themselves in the jungles for 4-5 months. The chemical report revealed that the contraband is charas. As per the police, on 18.02.2019 challan was presented in the learned Trial Court and now the case is listed on 20.11.2019 examination of PWs 1 to 3. 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 trial is in initial stage and there is possibility that in case at this stage if the petitioner is enlarged on bail, he may flee from justice, as he resident of Nepal. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.