O R D E R

The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 77 of 2022, dated 22.07.2022, under Sections 21 and 29 of the ND&PS Act, 1985, registered at Police Station Parwanoo, District Solan, H.P.

2. As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence, nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they be released on bail.

3. Police report stands filed. As per the prosecution story, on 22.07.2022, a police team was on routine patrol duty in and around the areas of Kumarhatti, Dharampur and Chakkimod. When the police personnel were present at Jabli, near HPL Factory, around 02:55 p.m., police got a secret tip-off that vehicle, having registration No. HR-85D- 4071, is coming towards Dharampur from Chandigarh side and occupants whereof are having heroin. Acting upon the secret tip-off police team stopped the aforesaid vehicle, around 03:30 p.m., and found two persons sitting inside it. Police team also associated an ...4...

independent witness and in presence of the independent witness driver of the vehicle disclosed his name as Brijesh Kumar and other person disclosed his name as Gagan Bakshi (petitioners herein). Thereafter, the police conducted search of the vehicle and found a transparent polythene pouch, which was concealed in the dashboard of the vehicle. The above polythene pouch contained heroin, which, on weighment was found to be 20.72 grams. As a sequel, the police completed all the codal formalities, viz., prepared the spot map, recorded the statements of the witnesses and arrested Brijesh and Gagan (petitioners herein). During the course of interrogation, petitioner Gagan led the police party to the kiosk of one Rakesh Kumar @ Rathi (another petitioner herein) from whom they allegedly purchased the contraband for Rs.36,000/-. The call records of the petitioners clearly show that the petitioners were in constant touch with each other. Petitioner Rakesh Kumar @ Rathi was also arrested and presently all the petitioners are in jail. As per the police, petitioner Rakesh Kumar @ Rathi, who had allegedly supplied the contraband to other petitioners is a resident of Haryana and in case, if he is enlarged on bail at this stage, he may tamper with the prosecution evidence and may also flee from justice.

Moreover, all the petitioners are having criminal history, as cases under the IPC and ND&PS have been registered against them, so they ...5...

are habitual offenders. The investigation is still going on and considering the quantity of the contraband recovered, the manner in which the crime has been allegedly perpetrated and also considering the fact that the petitioners are in a position to tamper with the prosecution evidence and flee from justice, in case they are enlarged on bail at this stage, so the instant bail applications may be dismissed.

4. I have heard the learned Counsel for the petitioners, learned Deputy Advocate General for the State and gone through the record, including the police report, carefully.

5. Learned Counsel for the petitioners has argued that the the petitioners have been falsely implicated. He has further argued that the petitioners are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has further argued that no fruitful purpose will be served by keeping the petitioners behind the bars for an unlimited period. The petitioners are ready and willing to abide by the terms and conditions of bail, in case granted. He has further argued that keeping in view the overall aspects of the case, the petitions be allowed and the petitioners be enlarged on bail. Conversely, the learned Deputy Advocate General has argued tha