Himachal Pradesh High Court
Navneet vs State Of H.P on 22 November, 2024
Author: Virender Singh
Bench: Virender Singh
( 2024:HHC:12221 )
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.MP(M) No. of 2418 of 2024
Reserved on : 18.11.2024.
Date of Decision: 22.11.2024
Navneet ...Applicant
Versus
State of H.P. .....Respondent
Coram:
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the Applicant : Mr. Navneet Kumar Bhalla,
Advocate.
For the Respondent : Mr. Tejasvi Sharma, Mr. H.S.
Rawat and Mr. Mohinder
Zharaick, Additional Advocates
General with Mr. Rohit Sharma,
Deputy Advocate General.
Virender Singh, Judge (Oral)
Applicant-Navneet has filed the present
application, under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), for
releasing him on bail, in Case FIR No.57/2024, dated
08.07.2024, registered under Section 304, read with Section 34
of the Indian Penal Code (hereinafter referred to as the 'IPC'),
with Police Station Kasauli, District Solan, H.P.
Whether reporters of Local Papers may be allowed to see the judgment?
( 2024:HHC:12221 )
2. According to the applicant, he has been arrested in
this case, on the statement of one Yaman. After registration of
the case, the police has investigated the matter.
2.1. According to the applicant, he has nothing to do
with the offences, for which, he has been arrested by the police
in this case.
3. It is the case of the applicant that the investigation,
in the present case, is complete and as such, nothing is to be
recovered from him. All these facts have been pleaded to show
that his custodial interrogation is no longer required and no
useful purpose would be served by keeping him in the judicial
custody.
4. The applicant has earlier tried his luck, by moving
similar application bearing Bail Application No.161-
S/22 of 2024, before the Court of learned Additional Sessions
Judge, Solan, H.P., however, the same was dismissed on
18.09.2024.
5. On the basis of the above facts, Shri Navneet
Kumar Bhalla, Advocate, appearing for the applicant, has given
certain undertakings, on behalf of the applicant, for which, he is
ready to abide by, in case, ordered to be released on bail.
( 2024:HHC:12221 )
6. When put to notice, the police has filed the status
report, disclosing therein that on 08.07.2024, complainant Vijay
Kumar produced a complaint before the police for registration
of the FIR, mentioning therein that his father Shri Himanshu
Sharma (since deceased) has been murdered by accused.
Elaborating the stand, it has further been mentioned, in the
complaint that on the night of 18.06.2024, the complainant
received a call on his mobile phone from one Brij Mohan,
disclosing therein that his son is found lying in rain-shelter at
Kimoghat, in a terrible and unconscious condition, upon which,
he reached at the spot and found his son lying unconscious.
7. It is the further case of the police that according to
the complainant, it appears that some drug was administered in
his body. With the help of others, he took him to CHC
Dharampur, from where, he was referred to Maharishi
Markandeshware University & Hospital, Sultanpur, where,
doctor shifted him on ventilator and disclosed him that his
condition is very critical. The doctor has also told him that it is a
police case and a case of overdose of some dangerous drug
administered in his body. Thereafter, the son of the
complainant was referred to PGI Chandigarh, where, he was
admitted in emergency in ICU. However, he remained in coma
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for 8 days and ultimately, on 27.06.2024, he expired.
Thereafter, his postmortem examination was conducted.
8. According to the complainant, he has enquired
about the matter and found that Yaman and Navneet were
seen at the same place and time with some unusual activities,
where son of the complainant was found. Against Navneet, the
complainant has already filed complaint and he has also
threatened the complainant to face consequences of this
complaint.
9. On the basis of the above facts, he has prayed that
action may be taken against the accused persons.
10. Subsequently, Police has registered the case,
under Sections 304, read with Section 34 IPC and criminal
machinery swung into motion.
11. On 08.07.2024, the police has visited the spot and
prepared the map. The statement of the complainant-Vijay
Kumar was got recorded, under Section 183 of BNSS by
producing him before learned ACJM Kasauli. On 08.09.2024,
the account statement of the complainant from SBI Kasauli was
obtained and it was found that from 01.01.2024 to 16.05.2024,
there were 27 transactions from the bank account of deceased
in favour of Navneet and he had transferred a sum of
( 2024:HHC:12221 )
Rs.29,100/- in the account of Navneet. The eye-witness
Yaman has also been associated and his statements, under
Section 180, as well as, 183 of the BNSS have been recorded.
In the statement, Yaman had disclosed that on 18.06.2024,
Himanshu had gone to Kalyan Café Kasuali, under the
influence of liquor, where, he has disclosed to accused
Navneet that he is not feeling well, and requested him to leave
him to his house, upon which, Yaman and Navneet took
Himanshu to his house in the vehicle. However, on the way
Himanshu disclosed that he is not feeling well and requested
them to take him to hospital and thereafter, they took Himanshu
to hospital at Dharampur, where, doctor apprised them that it is
a police case and asked them to call police. Upon which,
Himanshu requested them to leave him at his house. On the
way, Himanshu also told them that he is in dire need of some
intoxication and requested them to leave in rain-shelter,
thereafter they had left him at rain-shelter.
12. The police has also relied upon the postmortem
report, given by the doctor, which reads, as under:-
"As per Hospital Record, as per MLR No.32, CHC
Dharampur, the deceased was brought by his father in
state of unconscious with BP 108/76 mmhgm PR98/min.
RR 18/min. He was referred to higher center on
attendants requests. As per death summary of PGIMER,
( 2024:HHC:12221 )
Chandigarh, the deceased was admitted with alleged
history of opioid overdose and intubated in view of altered
sensorium on 19.06.2024. On further evaluation, he was
diagnosed with acurte liver injury and multiorgans
dysfunction syndrome with serology positive for Hepatitis
C. urine toxicology screening done for drug of abuse and
found to be positive for morphine, alcohol and tramadol.
The deceased had suffered a episode of ventricular
tachycardia and even after successful resuscitation of
CPR, he again went to cardiac arrest and declared dead".
13. As per the report of FSL Junga, from the blood
sample of the deceased Himanshu, the consumption of
morphine, tramadol and alcohol was found and as per the
report of the Visera, Fentanyl and Amphetamine and alcohol
was there.
14. After the completion of the investigation, challan
has been filed in the Court of learned ACJM Kasauli, on
05.11.2024 being Illaqua Magistrate.
15. It is further case of the police that the accused, for
a considerable time, has indulged in selling the Chitta to the
youth and three cases under Section 21 of the NDPS Act, have
already been registered against him. The particulars of which
have been given as under:-
(i) FIR No.127 of 2022, dated 06.08.2022, under Section 21 of
NDPS Act, with Police Station Dharampur.
( 2024:HHC:12221 )
(ii) FIR No.87 of 2022, dated 13.10.2022, under Section 21 & 29
of NDPS Act, with Police Station Kasauli.
(iii) FIR No.53 of 2024, dated 27.06.2024, under Section 21 of
NDPS Act, with Police Station Kasauli.
Lastly, it has been mentioned that Himanshu has
expired ,due to the overdose of Chitta, as such, there is lot of
resentment ,against applicant, in the area. Hence, a prayer has
been made to dismiss the application.
16. Merely, the ground, that the investigation is
complete, does not give a right to the accused to seek bail in
such type of cases, where a young man has lost his life, due to
the alleged act of the accused, to give Chitta to him.
17. While deciding the question of bail, a delicate
balance between the larger interest of the society and individual
liberty has to be maintained. Already three cases, that too,
under Section 21 of the NDPS Act, have already been
registered against the applicant. No doubt, he has not been
convicted in those cases, but this fact speaks unanimously
about the apprehension of the police that there is lot of
resentment against the applicant for his activities.
18. Even otherwise, release of the applicant on bail, at
this stage, would also give a wrong signal to the society that
after committing such a heinous offence and named as
( 2024:HHC:12221 )
accused in three cases, registered under Section 21 of the
NDPS Act, the applicant is moving freely in the society.
Release of the applicant would also encourage the other
people to indulge in the illicit trade of drugs, which is rampant in
the State these days.
19. Considering all these facts, this Court is of the view
that the applicant is not able to make out a case for grant of
bail, at this stage. Consequently, the bail application is
dismissed.
20. Any of the observations, made hereinabove, shall
not be taken, as an expression of opinion, on the merits of the
case, as these observations are confined, only to the disposal
of the present bail application.
(Virender Singh)
Judge
November 22, 2024
(subhash)
