SUSHIL CHAUHAN Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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Chander Bhusan Barowalia,J. -
(1.) 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. 26 of 2021, dated 11.02.2021, under Sections 21 and 29 of the ND & PS Act, registered in Police Station Sadar Solan, 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. The petitioners are permanent residents of Himachal Pradesh and 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 11.02.2021, at about 08:00 p.m., when a police team was on routine patrol duty near Tapan Hyundai, Shamlech, police spotted a vehicle (Mahindra Bolero, having registration No. HP07A-0548), which was parked alongside the national highway. When the police team looked into the vehicle, the person sitting on the rear seat was sleeping. Thereafter, the driver of the vehicle, on being inquired by the police, divulged his name as Sahil Negi (one of the petitioners herein) and he abruptly started the vehicle due to which the sleeping person woke up. Police inquired the names of other persons, who divulged their names as Himanshu Negi and Sushil Chauhan (other petitioners herein). As the police had suspicion of petitioners' having some contraband, police associated two independent witnesses and thereafter conducted search of the vehicle. During the search of the vehicle, police recovered a box of cigarette, which contained a plastic pouch having some substance, which was heroin. The recovered contraband, on weighment, was found to be 7 grams. Thereafter, the police completed all the codal formalities. The vehicle alongwith its documents and key was taken into possession and the petitioners were arrested. Police prepared the spot map and recorded the statements of the witnesses. During the course of interrogation, petitioners divulged that they purchased the contraband from a person at Haryana, but they did not disclose the whereabouts of that person. It has come in the investigation that petitioner, Sushil procured the phone number of a person with whom he had a word and thereafter a person delivered the contraband to him, but petitioner Sushil divulged that he is not acquainted with that person. As per the police, the investigation is in its initial stage and in case the petitioners are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners have committed a serious crime. In case the petitioners are enlarged on bail, at this stage, they may tamper with the prosecution evidence and may also flee from justice, so the bail applications of the petitioners be dismissed.;
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