Himachal Pradesh High Court
Prem Shah vs State Of Himachal Pradesh on 16 July, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P.(M) No.1514 of 2025
Date of decision: 16.07.2025
Prem Shah. ...Petitioner.
.
Versus
State of Himachal Pradesh. ...Respondent.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Rajesh Kumar, Advocate.
For the respondent : Mr. Y.P.S. Dhaulta, Additional
Advocate General.
: H.C. Kuldeep Singh No.73, I/O,
Police Station Rohru, District
Shimla, H.P., present along with
record.
Jyotsna Rewal Dua, Judge
Petitioner is co-accused in FIR No.50 of 2021
dated 04.06.2021, registered under Sections 21, 25 and 29
of Narcotic Drugs and Psychotropic Substances Act, 1985
('NDPS Act') at Police Station Rohru, District Shimla.
2. The case.
2(i). Petitioner was arrested in the aforesaid FIR on
30.07.2021 and enlarged on regular bail by learned Special
Judge, Rohru, District Shimla on 16.08.2021.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
2(ii). Presently, the trial of the case is stated to be
underway. In terms of the Status Report filed by the
respondent, out of total 30 prosecution witnesses, 8 have
.
been examined and 4 more are scheduled to be examined on
01.08.2025.
2(iii). The trial was previously fixed on 17.02.2025. The
petitioner could not appear before the learned Trial Court on
the said date. For his non-appearance on 17.02.2025,
learned Trial Court issued non-bailable warrants against the
petitioner. He was accordingly arrested by the police on
20.03.2025.
2(iv). The petitioner moved bail application under
Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023
('BNSS') on 09.04.2025 before the learned Special Judge,
Rohru, District Shimla. The bail petition was dismissed on
02.05.2025 primarily on the ground that petitioner had not
appeared in the Court on 17.02.2025; He had breached the
condition on which he was enlarged on bail; In case of grant
of bail, there is possibility of the petitioner jumping over the
bail in future and there is apprehension of his threatening
the prosecution witnesses.
2(v). Being in custody now w.e.f. 20.03.2025 and his
bail plea having been dismissed by learned Trial Court on
02.05.2025, petitioner has instituted present bail petition
.
seeking his release on bail.
3. Heard learned counsel for the parties and
considered the case file as also the record produced by the
respondent.
4. Respondent has not disputed that petitioner had
attended all previous hearings prior to 17.02.2025 before the
learned Trial Court. It is only on 17.02.2025 that petitioner
could not remain present before the learned Trial Court. The
petitioner has tendered an explanation that he had noted
next date of hearing as 17.04.2025 instead of 17.02.2025. It
is because of this mistake, he could not remain present
before the learned Trial Court. In the interregnum, he was
arrested on 20.03.2025.
It is also an admitted fact that the petitioner had
attended the trial hearing on all previous occasions and is
not habitual in absenting himself before the learned Trial
Court.
It is also not the case of the respondent that the
while on bail the petitioner had attempted to or influenced
the prosecution witnesses or attempted to temper the
prosecution evidence.
5. Taking into consideration all the above facts, I am
.
of the considered view that there was sufficient cause which
prevented the petitioner from attending the trial on
17.02.2025. Learned Additional Advocate General has
informed that the next date of hearing before the learned
Trial Court is 01.08.2025 when the case has been fixed for
examining 4 prosecution witnesses.
In view of the aforesaid discussion, petitioner is
ordered to be released on bail in the aforesaid FIR on his
furnishing personal bond in the sum of Rs.50,000/- (Rupees
Fifty thousand only) with two local sureties each in the like
amount to the satisfaction of the learned Trial Court subject
to the following conditions:-
(i) Petitioner shall not tamper with the evidence
or influence prosecution witnesses.
(ii). Petitioner will not leave India without prior
permission of the Court.
(iii). Petitioner shall not make any inducement,
threat or promise, directly or indirectly, to the
Investigating Officer or any person acquainted
with the facts of the case to dissuade him/her
from disclosing such facts to the Court or any
Police Officer.
(iv). Petitioner shall attend the trial on every
hearing, unless exempted in accordance with law.
Petitioner shall not cause delay in conclusion of
trial.
(v). Petitioner shall inform the Station House
Officer of the concerned police station about his
place of residence during bail and trial. Any
.
change in the same shall also be communicated
within two weeks thereafter. Petitioner shall
furnish details of his Aadhar Card, Telephone
Number, E-mail, PAN Card, Bank Account
Number, if any.
For infraction of any of the terms & conditions of
the bail, respondent-State shall be at liberty to move
appropriate application for cancellation of the bail. It is made
clear that observations made above are only for the purpose
of adjudication of instant bail petition and shall not be
construed as an opinion on the merits of the matter. Learned
Trial Court shall decide the matter uninfluenced by any of
observations made hereinabove.
With the aforesaid observations, the present
petition stands disposed of, so also the pending
miscellaneous applications, if any.
Jyotsna Rewal Dua
16th July, 2025 Judge
(Pardeep)
