1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 744 of 2011. Date of decision: 29.09.2011. Krishan Dutt. ......Petitioner. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Mr. N.S.Chandel, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr.R.P.Singh,Asstt. A.G. Kuldip Singh , Judge( Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 29/2011 dated 18.02.2011, registered at Police Station Theog, under Sections 20,29-61-85 Narcotic Drugs and Psychotropic Substances Act. The status report filed and the same has been perused. 2. It has been stated in the bail application that as per prosecution story on 18.02.2011 the police officials laid 'Naka' at 'Gajeri Mor near Jias'. At about 7.15 p.m., a motorcycle came from Chhaila side towards Theog which was stopped and on search 'Charas' weighing 1kg 700gms was recovered from the bag. Thereupon, FIR No. 29/2011 dated 18.02.2011 was registered. The petitioner was arrested on 18.02.2011.The petitioner filed bail application in the Court of learned Additional Sessions Judge,Fast Track Court, Shimla, which was 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 withdrawn. The Cr.M.P.(M) No. 332 of 2011 was filed in this Court which was dismissed. 3. It has been stated that petitioner is innocent. He has committed no offence. The investigation is over. The final report under Section 173 Cr.P.C. has been filed in the Court. The continuous detention of the petitioner is not necessary. There is no legal evidence on record to connect the petitioner with the commission of the alleged offence. 4. The petitioner is ready to furnish bail bonds in accordance with the directions of the Court. It has been stated that co-accused Sunil Kumar and Dalip Singh have already been released on bail by this Court. The petitioner who is in custody for the last more than six months has not been released on bail. In the petition,the prayer has been made for releasing the petitioner on bail. 5. The bail application has been opposed on the basis of status report. It has been stated that when the motorcycle was stopped, three persons were sitting on the motorcycle. The petitioner was sitting in the middle and the motorcycle was being driven by Dalip Singh, behind petitioner, Sunil Kumar was sitting on the motorcycle. Petitioner was carrying a bag and from the bag 'Charas' weighing 1kg 700gms was recovered. It has been submitted that in these circumstances petitioner cannot take benefit of bail granted to two other accused. 6. I have heard both the sides and perused the police record.. Three persons were sitting on the motorcycle and the 'Charas' was recovered from the bag which the petitioner was carrying on his shoulder. The petitioner cannot take benefit of bail granted to other two 3 accused when 'Charas' was recovered from the bag which the petitioner was carrying. The allegations against the petitioner are serious. It has been submitted by learned counsel for the petitioner that petitioner and other two accused are implicated in the case on the basis of same set of allegations. At the stage of consideration of bail application, the specific allegations with respect to particular accused become relevant while granting or refusing bail. The petitioner has failed to make out a case for grant of bail. Accordingly, the application is dismissed. 7. The observations made in the judgment are for the disposal of the bail application and shall not be construed as expression of opinion on the merits of the case. ( Kuldip Singh ), Judge. September 29, 2011. (Krt)