KRISHAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 14 of 2014, dated 12.03.2014, under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the ND&PS Act"), registered at Police Station Rohru, District Shimla, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 12.03.2014 the petitioner was apprehended with 220 grams of charas, so a case was registered against him under Section 20 of the ND&PS Act. Accordingly, challan was presented in the learned Trial Court on 03.07.2014, however, the petitioner absconded and ultimately declared as proclaimed offender. On 15.07.2015, the petitioner, due to his rash and negligent driving, caused an accident and eight persons were injured in it. Thereafter, the petitioner fled away and he was apprehended on 03.01.2017 and he divulged that a case under ND&PS Act and another case under Sections 279 and 337 IPC are pending against him and he is a proclaimed offender. On 04.01.2017 another case was registered against the petitioner under Section 174A IPC. As per the prosecution, the petitioner is a habitual offender and there is likelihood that he may tamper with the prosecution evidence and flee from justice. As per the police report, the petitioner is involved in sale-purchase of charas and he is spoiling the society. Lastly, the prosecution has prayed that the bail application of the petitioner be dismissed.