ORDER

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure, for grant of bail in case FIR No. 29 of 2021, dated 16.03.2021, under Section 20 of the ND & PS Act, registered at Police Station Manali, District Kullu, H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no 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 15.03.2021, police party was on patrol duty and around 10:10 pm, when the police party reached near D.A.V. School, Rangri, they saw a person standing near a Temple, who, after seeing the police, threw his bag. When police asked him as to why he threw his bag, he got baffled and could not give satisfactory answer. Police associated one Rohit, as an independent witness, in whose presence, the nabbed person disclosed his name as Yog Raj (petitioner herein). When the bag was opened, police found it stuffed with some black substance, which was charas (cannabis) and on weighment, the recovered contraband was found to be 1.298 grams. Thereafter, the police completed all the codal formalities and arrested the petitioner. Consequently, FIR No. 29 of 2021, dated 16.03.2021, under Section 20 of the ND & PS Act was registered against the petitioner. During interrogation, the petitioner disclosed that he himself had extracted the cannabis and intended to sell the same to tourists and taxi drivers. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence and commercial quantity of charas was recovered from his possession and there is every possibility that in case at this stage if he is enlarged on bail, he may flee from justice or tamper with the prosecution evidence.

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

5. The learned Counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in the instant 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 the investigation is complete and even challan stands presented in the learned Trial Court. The petitioner may be enlarged on bail, as his custody is not at all required by the police. He has prayed that the bail application be allowed in the above backdrop. Conversely, the learned Additional Advocate General has argued that the petitioner was allegedly transporting 1 kg and 298 grams of charas, which is commercial quantity. He has further argued that the trial is in its initial stage and in case, if the petitioner is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. The petitioner is a clever person and as the trial is in its initial phase, he may influence the prosecution witnesses and may even flee from justice. He has further argued that as commercial quantity of charas has been allegedly recovered from the petitioner and the trial is in its phase, so the instant bail application may be dismissed.

6. In rebuttal, the learned Counsel for the petitioner has argued that the petitioner was not present at the spot, from where recovery was allegedly effected from him, and even the police officers were also not present at the spot, from where the recovery of the alleged contraband is shown to be effected from the petitioner. He has further argued that the petitioner in order to prove the above facts produced before this Court tower location(s) of the