Citation : 2021 Latest Caselaw 4893 HP
Judgement Date : 4 October, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
ON THE 4th DAY OF OCTOBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) No.1806 of 2021
Between:
RAJESH SHARMA, SON OF
SH. SHEELA DUTT, AGED
ABOUT 27 YEARS, THROUGH
HIS NEXT FRIEND AND
BROTHER SH. PRABHAT
KUMAR SHARMA, RESIDENT
OF VILLAGE BUD, P.O.
DUBLU, SUB-TEHSIL JUNGA,
DISTT. SHIMLA, H.P.
....PETITIONER.
(BY SHRI VIPIN PANDIT, ADVOCATE)
AND
STATE OF HIMACHAL
PRADESH.
....RESPONDENT.
(BY SHRI ADARSH SHARMA, SHRI SUMESH RAJ AND SHRI
SANJEEV SOOD, ADDITIONAL ADVOCATES GENERAL, WITH
MR. KAMAL KANT CHANDEL, DEPUTY ADVOCATE GENERAL.
Whether approved for reporting?1 No
This petition coming on for orders this day, the Court passed the following:
JUDGMENT
By way of this petition, the petitioner has prayed for
grant of bail, in FIR No.56 of 2021, dated 29.08.2021, registered
under Sections 20 and 29 of the Narcotics Drugs & Psychotropic
Substances Act, at Police Station, Kandaghat, District Solan, H.P.
.
2. Heard learned counsel for the parties. Status report
perused. Learned counsel for the petitioner submits that besides
the fact that the petitioner has been falsely implicated in the case,
otherwise also the quantity allegedly recovered is only
intermediate. He, accordingly, submits that the petitioner be
ordered to be released on bail.
3. Learned Additional Advocate General, while drawing
the attention to the Court to the order passed in a similar
application filed by the petitioner, by the Court of learned Special
Judge-III, Solan District Solan, H.P. in Bail application No.64 ASJ-
II/22 of 2021, titled Rajesh Sharma Versus The State of Himachal
Pradesh, on 14.09.2021, submits that perusal thereof
demonstrates that cogent reasons stand assigned therein as to
why the petitioner has not been ordered to be released on bail and
further there is no change in circumstance as from 14.09.2021, till
the date of filing of this petition so as to warrant grant of bail.
4. Faced with the situation, learned counsel for the
petitioner submits that the petitioner may be permitted to
withdraw this petition, but with liberty to approach the Court at a
subsequent stage, if so advised.
5. Petition is permitted to be withdrawn, with liberty as
prayed for. Petition stands disposed of accordingly.
.
October 04, 2021 (Ajay Mohan Goel)
(rishi) Judge
r to
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