Himachal Pradesh High Court
Decided On : 05Th August vs State Of Himachal Pradesh on 5 August, 2025
Author: Virender Singh
Bench: Virender Singh
2025:HHC:26335
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MP (M) No. : 1845 of 2025
Decided on : 05th August, 2025
Kshitij @ Kaalu ...Applicant
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. Kamal Kant Chandel, Advocate.
For the respondent : Mr. Tejasvi Sharma, Additional
Advocate General, with Ms. Ranjna
Patial, Deputy Advocate General,
assisted by HC Khem Singh No.136,
Police Station BSL Colony
Sundernagar, District Mandi, H.P.
Virender Singh, Judge (oral)
ApplicantKshitij @ Kaalu, has filed the present
application, under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as the
'BNSS'), with a prayer to release him on bail, during the
pendency of the trial, arising out of FIR No.80 of 2025,
dated 20.06.2025, registered, under Sections 21, 25 and
29 of the Narcotic Drugs & Psychotropic Substances Act
(hereinafter referred to as the 'NDPS Act'), with Police
Station, BSL Colony Sundernagar, District Mandi, H.P.
Whether Reporters of local papers may be allowed to see the judgment? Yes.
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2. According to the applicant, he is innocent
person and has falsely been implicated by the Police, in
this case.
3. It is the further case of the applicant that he
has nothing to do with the commission of alleged crime, for
which, he has been named as accused and arrested by the
Police.
4. As per the applicant, nothing has been
recovered from his possession and investigation, in the
present case, is stated to have been completed.
5. As per the applicant, the contraband, allegedly
recovered in this case, does not fall within the definition of
commercial quantity, as such, rigors of Section 37 of the
NDPS Act, are not applicable, in the present case.
6. The applicant has also sought the relief of bail
on the ground of parity, as, his coaccused Shantanu
Bhardwaj, has already been released on bail, by this Court,
vide order dated 17.07.2025, passed in Cr.MP(M) No.1563
of 2025.
7. Apart from this, Mr. Kamal Kant Chandel,
Advocate, appearing for the applicant, has given certain
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undertakings, on behalf of the applicant, for which, the
applicant is ready to abide by, in case, ordered to be
released, on bail, during the pendency of the trial.
8. On the basis of the above facts, a prayer has
been made to allow the application.
9. When put to notice, the police has filed
the status report, disclosing therein, that on 20.06.2025,
ASI Daulat Ram, I.O., SIU, along with other Police officials,
was on patrolling duty and duty to put picketing, as well
as, to detect the crime relating to excise, in their private
vehicle bearing No.HP24B7601. Along with them,
Constable Upesh Rana No.908 and Constable Satish
Kumar No.677, were also there, in vehicle No.HP33D2905,
which was being driven by Constable Kuldeep Singh
No.596.
9.1. At about, 11.30 p.m., when, the police party
were at a place known as Jatta Nala, then, they noticed a
vehicle parked on the side of the road. Windowpanes of
the said car were opened. Near the said vehicle, a scooty
was found parked on the pucca road, upon which, ASI
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inquired from the scooty driver, as to why, he has parked
the same in the middle of the road.
9.2. Meanwhile, the I.O., noticed that the persons,
who were in the vehicle, all of a sudden alighted down and
fled away towards the forest. The scooty driver, also tried
to flee away from there. The scooty driver, while fleeing
away, towards the forest, had thrown away something, out
of his pocket towards the bushes. The said scooty driver
was nabbed at a distance of 1520 footsteps. He was
brought to the road.
9.3. The I.O. raised suspicion in his mind that the
scooty driver had thrown some stolen article from his
pocket, as such, he felt it necessary to conduct his
personal search, as, he could not give the satisfactory
answer to the articles thrown by him.
9.4. Thereafter, ASI Daulat Ram, has requested the
Member of Zila Parishad to come to the spot along with
the witnesses. After sometime, Zila Parishad Member
Jasveer Singh reached on the spot. He was apprised about
the factual position. He was requested to be the
independent witness, to which, he has agreed.
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9.5. Thereafter, name and address of the person, so
nabbed, were asked, who, on enquiry, disclosed his name
as Shantnu Bhardwaj. On further inquiry, he has
disclosed that the swift car bearing No.HP10B8998, is
owned by Pale Khan and also disclosed the names of other
two persons, as Abhinav @ Golu and Kshitij @ Kalu
(applicant).
9.6. Thereafter, the packet thrown by accused
Shantanu was opened, which, on opening was found to be
containing Heroin/Chitta. On weighment, the said Chitta
was found to be 23 grams. The said contraband was taken
into possession.
10. After completion of the codal formalities, the
FIR was registered and the accused was arrested.
11. Thereafter, involvement of Pale Khan, Abhinav
@ Golu and Kshitij @ Kalu was also found. Thereafter,
accused Pale Khan was arrested on 26.6.2025, whereas,
Abhinav and Kshitij, were absconded. Later on, on
17.07.2025, accused Abhinav @ Golu and Kshitij
applicant, along with their parents appeared before the
Police. Thereafter, they were arrested.
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12. The prayer for bail, as made in the application,
has been contested on the ground that the applicant is
indulged in the business of sale/purchase of Chitta to
younger generation, and he is pushing them in the swamp
of drugs, and in case, the applicant is released on bail, it
will give wrong signal to the society.
13. It has also been mentioned in the status report
that the applicant is a clever person and he may coerce the
witnesses and allure them to depose in his favour.
14. Lastly, it has been pleaded in the status report
that in case, the applicant is released on bail, he may again
indulge in the similar activities and it will become difficult
to arrest his coaccused Abhinav and Kshitij.
15. On the basis of the above facts, a prayer has
been made to dismiss the application.
16. As per the stand taken by the police in the
status report that except the present case, no other case
has been found to have been registered against the
applicant, as such, he is presumed to be innocent.
17. Admittedly, the contraband allegedly recovered,
in the present case, does not fall within the definition of
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'commercial quantity', as such, rigors of Section 37 of the
NDPS Act are not applicable, in the present case.
18. The chances of commencement and conclusion
of the trial against the applicant are not so bright, as such,
no useful purpose would be served by keeping the
applicant in judicial custody, that too, for indefinite period.
19. The applicant is young man of 25 years.
Although, he has been named in a serious offence, but, on
this ground, he cannot be kept in judicial custody, that
too, in the company of hardened criminals, which will
affect his future adversely.
20. Moreover, the application cannot be rejected as
a matter of punishment, as pretrial punishment is
prohibited under the law. Punishment can only be
imposed, after the full fledged trial.
21. Even otherwise, on the ground of parity also,
the applicant is entitled to be released on bail, as, his co
accused Shantanu Bhardwaj, has already been released,
on bail, by this Court, vide order dated 17.07.2025.
22. Considering all these facts, this Court is of the
view that the bail application is liable to be allowed and is
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accordingly allowed. The applicant is ordered to be released
on bail, in case FIR No.80 of 2025, dated 20.06.2025,
registered, under Sections 21, 25 and 29 of the NDPS Act,
with Police Station, BSL Colony, Sundernagar, District
Mandi, H.P., on his furnishing personal bond, in the sum
of Rs.50,000/, with one surety, in the like amount, to the
satisfaction of learned Additional Chief Judicial Magistrate,
Sundernagar, District Mandi, H.P.
23. This order of release, however, shall be subject
to the following conditions :
"a) Applicant shall regularly attend the trial Court
on each and every date of hearing and if
prevented by any reason to do so, seek
exemption from appearance by filing appropriate
application;
b) Applicant shall not tamper with the prosecution
evidence nor hamper the investigation of the
case in any manner whatsoever;
c) Applicant shall not make any inducement, threat
or promises to any person acquainted with the
facts of the case so as to dissuade them
from disclosing such facts to the Court or the
Police Officer; and
d) Applicant shall not leave the territory of India
without the prior permission of the Court."
24. Any of the observations made herein above shall
not be taken as an expression of opinion on the merits of
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the case as these observations are confined only to the
disposal of the present bail application.
25. It is made clear that the respondentState is at
liberty to move an appropriate application, in case, any of
the bail conditions is found to be violated by the applicant.
26. The Registry is directed to forward a soft copy of
the bail order to the Superintendent of Jail, District Jail,
Mandi, District Mandi, through email, with a direction to
enter the date of grant of bail in the eprison software.
27. In case, the applicant is not released within a
period of seven days from the date of grant of bail,
the Superintendent of Jail, District Jail, Mandi, District
Mandi, is directed to inform this fact to the Secretary,
DLSA, Mandi. The Superintendent of Jail, District Jail,
Mandi, District Mandi, is further directed that if the
applicant fails to furnish the bail bonds, as per the order
passed by this Court, within a period of one month from
today, then, the said fact be submitted to this Court.
( Virender Singh )
Judge
August 05, 2025(ps)
RAJNI RAJNI
Date: 2025.08.05
17:41:35 +0530
