Point of Law: Grant of Bail - Petitioner is neither in a position to flee from justice nor in a position to tamper with the prosecution evidence, as he is permanent resident of the place. Investigation is complete and even challan stands presented in the learned Trial Court.

ORDER :

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. 13 of 2022, dated 19.1.2022, under Sections 21 and 29 of the ND&PS Act, registered at Police Station Solan, District Solan, 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 18.1.2022 around 9:30 p.m. the investigator alongwith other police officials was on patrolling duty at Saproon, Rabon, District Solan. When at about 12:15 a.m. the investigator was present near DC Office Solan, he received a secret information that vehicle bearing No. HP01A-7366, being occupied by the accused alongwith their companion, who indulge in the business of contraband is coming from Dharampur side and if intercepted, huge quantity of heroin can be recovered. The investigator completed formalities under NDPS Act and proceeded towards Saproon Chowk. He tried to associate independent witness, but to due to COVID-19, he could not do so. At about 1:15 a.m. the aforesaid vehicle came at the spot, which was signaled to stop. The vehicle was being driven by Manish Bhotka, whereas one Rushil Tanta (petitioner herein) was sitting on the rear seat. Thereafter, the investigator searched the vehicle and inside the dash board, he found one transparent polythene, in which a white substance was found, which was wrapped in a plastic and on checking it was found to be heroin. On weighing the heroin, it was found 18.8 grams. As per the police, after completion of the investigation, on 24.2.2022, challan stands presented in the learned Trial Court. Lastly, it is prayed that considering the quantity of the recovered contraband, and the fact that the trial is in its initial stage and in case at this stage, if the petitioner is enlarged on bail, he may tamper with the prosecution evidence and flee from justice, 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. No fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when investigation is complete, even challan stands presented in the learned Trial Court, so the custody of the petitioner is not at all required by the police for any purpose. Therefore, the petition may be allowed and the petitioner may be enlarged on bail.

6. Conversely, the learned Additional Advocate General has argued that heroin has been recovered from the conscious and exclusive possession of the petitioner, which he intended to sell further, thus the petitioner has committed a serious offence and in case, at this stage, if he is enlarged on bail, he may tamper with the prosecution evidence and may flee from justice. It is prayed that the bail application of the petitioner be dismissed.

7. In rebuttal the learned Counsel for the petitioner has argued that the petitioner is neither in a position to flee from justice nor in a position to tamper with the prosecution evidence, as he is permanent resident of the place. Investigation is complete and even challan stands presented in the learned Trial Court, so the custody of the petitioner is not at all requir