BHUPENDER SINGH 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. 187 of2018, dated 29.07.2018, 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 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 she be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 29.07.2018, at about 06:15 a.m., a Bershaini. As it was raining, a person was standing in shelter to avoid rain. On seeing police the said person, who was carrying a bag, threw his bag and looked baffled. Police went to that person and he disclosed his name as Bhupender Singh (petitioner herein). The police, despite efforts, could not associate independent witnesses. Thereafter, the police checked the bag carried by the petitioner, which was found stuffed with some black substance. On weighment the contraband was found to be 2 kgs and 80 grams. Thereafter, the police complete the codal formalities. Police prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested and medically examined. During the course of investigation, the petitioner disclosed that he himself prepared the charas by rubbing. The chemical report revealed that the contraband is charas. As per the police, challan was presented in the learned Trial Court on 09.10.2018 and now the case is being listed for 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 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. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.