JUDGMENT :

RANJAN SHARMA, J.

1. The petitioner-accused (Surinder Kumar) has come up before this Court, seeking pre-arrest bail under Section 438 of the Code of Criminal Procedure, originating from FIR No. 139 of 2023, dated 17.10.2023, under Section 21, 8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Gagret, District Una, Himachal Pradesh.

FACTUAL MATRIX

2. The case set up by the bail petitioner [Surinder Kumar] is that the bail petitioner has been arrested by the Police of Police Station Gagret, District Una, Himachal Pradesh, on 17.10.2023 in FIR No. 139 of 2023, registered at Police Station under Sections 21, 8(C) of the Narcotic Drugs and Psychotropic Substances Act. The case set up is that on 17.10.2023, the police party while on traffic checking noticed a motorcycle Splendor bearing No. HP-72A-2979 with one rider. On noticing the police, the bail petitioner [Surinder Kumar] became perplex. On being asked by the police, he disclosed his name as Surinder Kumar-applicant/accused. The bag containing the Heroin/Chitta, weighing 5.65 grams was recovered from the bag, being carried by the bail petitioner (Surinder Kumar) herein:

(i) After ap