The court considered the petitioner's residency, completion of investigation, and willingness to abide by bail conditions in granting bail under Section 439 of the Code of Criminal Procedure.

JUDGMENT

Chander Bhusan Barowalia, J. - 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. 22 of 2021, dated 14.02.2021, under Section 21 of the ND&PS Act, registered at 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place. 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 14.02.2021, a police team was on routine patrol duty and at about 03:20 p.m., when the police team was near Sheetla Mata Temple, Damtal, a person was spotted coming on foot from the side of Sheetla Mata Temple, who on seeing the vehicle of the police, took a slew and immediately threw something in the bushes. On suspicion, the police nabbed the above person. Police associated an independent witness, in whose presence the nabbed person disclosed his name as Avinash (petitioner herein). Police searched and found a polythene packet in the bushes, which was thrown by the petitioner and on checking the same, it contained some brownish substance. The recovered substance was examined through Drug Detection Kit, which was found to be heroin weighing 6.87 grams. Thereafter, the police completed all the codal formalities. Statements of the witnesses were recorded under Section 161 Cr.P.C. and the spot map was prepared. The petitioner was arrested and medically examined. The recovered contraband, on being chemically examined, was found to be Diacetyle Morphine (heroin). As per the police, investigation in the matter stands complete and challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence, there is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice or tamper with the prosecution witnesses, so the bail application of the petitioner be dismissed.

4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when investigation is complete, challan stands presented in the learned Trial Court and also considering the fact that the custody of the petitioner is not at all required by the police, so the bail application may be allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence. He has further argued that in case the petitioner is enlarged on bail, at this stage, he may flee from justice or may tamper with the prosecution evidence. He has prayed that the bail application of the petitioner be dismissed.

6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner is behind the bars for the last more than four months and cannot be kept behind the bars for an unlimited period, especially when investigation is complete, challan stands presented in the learned Trial Court and the fact that the custody of the petitioner is not at all required by the police, so the application be allowed and the petitioner be enlarged on