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 apprehending the bail petitioner, the codal formalities under Section 50 of the NDPS and other requisite formalities under the Act were undertaken. Thereafter the Rukka was prepared leading to the registration of the FIR.

(ii) Consequent upon the registration of the FIR on 17.10.2023, the bail petitioner [Surinder Kumar] approached the Learned Special Judge-I Una, vide Bail Application No. 470 of 2023 but the same was dismissed on 07.02.2024 as under:

5. On the other hand, Learned Public Prosecutor for the State has argued that applicant is habitual offender. Already two cases of similar nature have been registered against him, in PS Amb pending adjudication before the Courts, bearing FIR No. 68/21 and 3/23, Ld. PP for the State has also argued that there are also allegations against the applicant that he had affixed old number plates of another motorcycle on motorcycle and same was being used to transport the contraband as such he had also committed for offence u/s 420 IPC. Ld. PP has argued that keeping in view all these factors together, if applicant is released on bail he may intimidate the witnesses and effect the trial. As such, prayed that application be dismissed.

6. I have given deep thought to the rival contentions and scrutinized the record carefully.

7. The applicant has been arrested by the police in connection with case FIR No. 139/23 dated 17.10.2023 under Section 21, 8C of the ND&PS Act registered at PS Gagret with the allegation that on 17.10.2023 when police party led by HC Vijay Kumar, was present at old Amb road Gagret near Swan foundation Kaloh Velly at about 3.05 PM and intercepted a motorcycle bearing No. HP-72A-2979 over which accused/applicant was riding and had thrown a small box from his pocket from which 5.65 gm heroin was recovered, The contention raised by the counsel for applicant that applicant is innocent and has been falsely implicated cannot be decided at this stage and the same would be decided during trial. At the time of considering the bail application, the detail scrutiny of the evidence is not required, only following factors are required to be taken into consideration:

(i) Whether there is any prima-facie or reasonable ground to believe that the accused had committed the offence.

(ii) nature and gravity of the accusation.

(iii) severity of the punishment in the event of conviction.

(iv) danger of the accused absconding or fleeing, if released on bail.

(v) character, behaviour, means, position and standing of the accused.

(vi) likelihood of the offence being repeated.

(vii) reasonable apprehension or the witnesses being influenced.

(viii) danger, of course, of justice being thwarted by grant of bail.

In the present case, there are serious allegations against the applicant that he was transporting heroin to the extent of 5.65