DARBARI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 106 of 2019, dated 04.09.2019, under Sections 21 and 29 of the ND & PS Act, registered in Police Station Damtal, District Kangra, 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 sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 04.09.2019 at about 06:30 p.m. a police team was on routine patrol duty near Bhadroa, Toll Tax Barrier. Police spotted a person coming on foot and when he saw the vehicle of police he took a slew and started hastily walking backwards. He threw a packet from his pocket of the pants. The said person, on suspicion, was nabbed by the police and he disclosed his name as Ankush Sharma. The packet, which was thrown by him was recovered and checked from drug-detection kit and found to be heroin. On weighment, it was found to be 5.49 grams. Thereafter, the police completed all the codal formalities. Rukka was drawn and sent to police station, whereupon FIR was registered and the investigation ensued. Police recorded the statements of the witnesses and prepared the spot map. Accused Ankush Sharma was arrested and he, during the course of interrogation and investigation divulged that he purchased the contraband from one Darbari Lal (petitioner herein). On 06.09.2019 police raided the house of the petitioner, but he was not found there. Nothing was recovered from the house of the petitioner. Police also obtained the mobile records of the petitioner and co-accused Ankush Sharma, which revealed that they were in contact. During the course of investigation it was found that on 04.09.2019 co-accused Ankush Sharma purchased 5.49 grams of heroin from the petitioner for Rs. 8,000/-. The petitioner filed the present petition seeking his bail in the event of his arrest and this Court vide order dated 11.09.2019 granted him interim bail till today. On 18.09.2019 the petitioner joined the investigation. As per the police the petitioner is not producing the mobile phone and SIM used by him. The petitioner is very clever person and many criminal cases have been registered against him. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence. There are many criminal cases registered against him and he is dealing in contraband. In case he is enlarged on bail at this stage, there is possibility that he may flee from justice and may also tamper with the prosecution evidence, so the bail application be dismissed.