The main legal point established is that the object of bail is to secure the accused's appearance at trial, and that gravity alone cannot be a decisive ground to deny bail. The court emphasized the presumption of innocence, the right to a speedy trial, and the need for a humane approach in considering bail applications.

JUDGMENT

Sandeep Sharma, J. - By way of present petition filed under S.439 CrPC, prayer has been made on behalf of the bail petitioner namely Bhavan Kumar, who is behind the bars since 16.3.2019, for grant of regular bail in FIR No. 11, dated 17.1.2019, registered at Police Station Jogindernagar, Mandi, Himachal Pradesh under Ss. 20, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter, 'Act').

2. Pursuant to previous orders, HC Vijander Thakur No. 105 and ASI Deep Chand have come present alongwith status report/record. Record perused and returned.

3. Close scrutiny of the status report reveals that on 17.1.2019, a motor cycle bearing No. HP83-5643, came to be intercepted by the police party present at Naka laid at Ghatasani. Person namely Karan Sood got down from the motor cycle, whereas driver of the said vehicle allegedly fled away from the spot. Since above named Karan Sood, got perplexed on seeing the police, in the presence of independent witness, police effected personal search of said person and his rucksack and allegedly recovered 1.120 kg of charas from the rucksack. Since aforesaid person was unable to render proper explanation for carrying aforesaid contraband, police after completion of codal formalities, lodged FIR detailed herein above. During investigation, Karan Sood, allegedly disclosed to the police that he alongwith another co-accused Rajiv Hussain alias Jibu was going on motor cycle of Shammi Sood. He further disclosed to the police that the co-accused Shammi Sood also came alongwith them in a taxi and purchased charas from one person near Jhatingari. Karan Sood is further alleged to have disclosed to the police that Rajiv Hussain alias Jibu checked the charas and thereafter, coaccused Shammi Sood purchased the same and gave it to him. Pursuant to aforesaid revelation made by Karan Sood, persons namely Rajiv Hussain alias Jibu as well as Shammi Sood came to be named in the FIR. Above named persons were lodged in jail since 31.1.2019 but as of today, all the above named accused stand enlarged on bail. Present bail petitioner, who subsequently came to be named in the FIR on the alleged statement made by Shammi Sood, wherein he allegedly stated that he had purchased commercial quantity of charas from the bail petitioner, Bhavan Kumar, who is behind the bars for more than two years. Though, Challan stands filed in the competent Court of law but the charges are yet to be framed, as such, bail petitioner has approached this Court for grant of bail in the present proceedings.

4. Mr. Sudhir Bhatnagar, learned Additional Advocate General, while fairly admitting the factum with regard to filing of Challan in the competent Court of law, contends that since there is overwhelming evidence available on record suggestive of the fact that the present bail petitioner Bhavan Kumar sold commercial quantity of charas to Shammi Sood, bail petition having been filed by him deserves outright dismissal. Learned Additional Advocate General, contends that since the bail petitioner was main source/supplier, he cannot claim any parity with other accused. Lastly, learned Additional Advocate General contends that previous conduct of the bail petitioner disentitles him for grant of bail in the case at hand. He states that in the past also, bail petitioner was booked under S.20 of the Act ibid but during the pendency of trial in that case, he has again indulged in illegal trade of narcotics, as such, prayer made on his behalf for grant of bail deserves outright rejection.

5. Having heard learned counsel for the parties and perused the material available on record, this Court finds that the commercial quantity of contraband was recovered from the conscious possession of co-accused Karan Sood, who already stands enlarged on bail. Present bail petitioner alongwith other accused, Rajiv Hussain alias Jibu and Shammi Sood came to be named in the FIR, on the basis of statement made by above name co-accused, Karan Sood. If the s