SARIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for grant of bail in case FIR No. 162/19, dated 22.09.2019, under Sections 21- 61-85 of the Narcotic Drugs and Psychotropic Substances Act and Section 308 of the Indian Penal Code, registered at Police Station Indora, 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. Further she is resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. So, she be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 22.09.2019, a police party had laid a nakka near place Milwan Chowk. Around 03:10 p.m., the petitioner deboarded the private bus and on seeing the police party, thrown some envelop on the road. When the police tried to stop her, the petitioner made an attempt to run away from the spot, however, she slipped from the height and police party nabbed her. When the envelop was checked it was containing 5.80 gms of heroine (chitta). Consequently, FIR No. 162/19, dated 22.09.2019, under Sections 21-61-85 of the Narcotic Drugs and Psychotropic Substances Act and Section 308 of the Indian Penal Code, came to be registered against the petitioner. Hence, the present petition.