The central legal point established in the judgment is the presumption of innocence, the need to secure the accused's appearance at trial, and the larger interests of the public or the State influencing the decision on bail application.

Present bail application is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail relating to FIR No. 13 of 2016 dated 22.1.2016 registered under Sections 18, 29 and 61 of NDPS Act 1985 at P.S. Rampur Bushehr District Shimla (H.P.)

2. It is pleaded that petitioner has not committed any offence and petitioner has been falsely implicated in present case. It is pleaded that quantity recovered from possession of petitioner is not commercial quantity and petitioner is entitled to be released on bail. It is pleaded that bail petitioner is the only bread earner of his family. It is pleaded that investigation is completed and no recovery is to be effected from petitioner and further pleaded that custodial interrogation is not required by investigating agency. It is pleaded that petitioner would not tamper with prosecution witnesses in any manner and petitioner undertakes that he would abide by directions of Court.

3. Per contra police report filed. As per police report on 22.1.2016 HC Janak Raj along with HC Lal Chand and Rajesh were on patrolling duty at about 4 PM in the evening and when police officials were present at NH-05 near Nirath then Prem Singh Chauhan Up-Pardhan G.P. Nirath came and started conversation with police officials. There is recital in police report that two persons came from NH-05 and one of persons was in possession of a bag. There is recital in police report that one of coaccused when saw the police officials he handed over the bag to other co-accused and tried to run away. There is recital in police report that accused persons were caught and accused persons disclosed their names as Goverdhan Dass and Vicky Thakur. There is recital in police report that when bag was checked then polythene bag was recovered and in polythene bag 500 grams of opium was found. There is also recital in police report that NCB form in triplicate was prepared and contraband was sealed and seizure memo was prepared. There is recital in police report that site plan was prepared and photographs also taken and statements of prosecution witnesses under Section 161 Cr.P.C. also recorded. There is recital in police report that contraband sent to chemical examination in office of FSL Junga and as per chemical analyst report sample was of opium. There is recital in police report that investigation stood completed and petitioner is in judicial custody. There is recital in police report that petitioner is spoiling life of youth persons by way of supplying opium. There is further recital in police report that if petitioner is released on bail then petitioner would threat the prosecution witnesses.

4. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the non-petitioner and also perused the record.

5. Following points arise for determination in this bail application:-

1. Whether bail application filed under Section 439 Cr.P.C. by petitioner is liable to be accepted as mentioned in memorandum of grounds of bail application?

2. Final Order.

Findings on Point No.1 with reasons

6. Submission of learned Advocate appearing on behalf of petitioner that petitioner is innocent and petitioner did not commit any criminal offence as alleged by investigating agency cannot be decided at this stage. Same fact will be decided when case shall be disposed of on merits after giving due opportunity to both the parties to lead evidence in support of their case.

7. Submission of learned Advocate appearing on behalf of the petitioner that investigation is completed and custodial interrogation of petitioner is not required in present case and on this ground bail application be allowed is accepted for the reasons hereinafter mentioned. At the time of granting bail following factors are considered. (i) Nature and seriousness of offence (ii) The character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the ac