Himachal Pradesh High Court

Cr. Mp (M) No.731/2025 vs State Of Himachal Pradesh on 6 May, 2025

2025:HHC:12776

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MP (M) No.731/2025.

Date of Decision: 06th May, 2025.

      Ashwani Kumar                                                          .....Petitioner.
                                            Versus

      State of Himachal Pradesh                                             .....Respondent.


      Coram

The Hon'ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1

For the Petitioner: Mr. Kamlesh Kumar, Advocate, vice Mr. Raj Kumar Verma, Advocate.

For the Respondent: Mr. Munish Thakur, Dy. Advocate General.

Bipin Chander Negi, Judge (oral).

The present bail petition has been filed under Section

483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant

of regular bail. The same arises out of FIR No.197 of 2024,

dated 28.08.2024, registered at Police Station Sadar, District

Bilaspur, Himachal Pradesh, under Sections 21 and 29 of the

NDPS Act.

2. Heard counsel for the parties. Perused the status report.

Copy whereof, has also been supplied to learned counsel

appearing on behalf of the petitioner.

3. The incident, in the case at hand, is dated 28.08.2024.

On the said date at about 7:20 AM, a car bearing registration

No.HP-23D-8381 (Celerio black colour) was stopped by the

IO/ASI Sanjeev Walia. The vehicle at that particular point of

time was coming towards Bilaspur from Nauni side. Besides the

Whether reporters of Local Papers may be allowed to see the judgment?

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bail petitioner in the car, there were two boys and one girl. On

account of the nervousness of the driver of the vehicle, a

suspicion arose and the vehicle was searched. During the

search of the vehicle, 30.52 grams of chitta (heroin) under the

foot of one Prashant Dharmani, who was sitting in the rear seat

of the car, was found.

4. The investigation, in the case at hand, is complete and

post completion of investigation, challan in case at hand has

been filed before the appropriate Court on 23.11.2024. The

matter is now listed for consideration of charge today before the

trial Court.

5. Other than the aforesaid, two other accused namely

Sheetal and Ankit, who were travelling at the relevant time

stand enlarged on bail. In the aforesaid facts and attending

circumstances, no recoveries are to be instituted from the bail

petitioner.

6. At the time of deciding the bail petition, a detailed

discussion of evidence so collected and produced by the

prosecution, is to be avoided, as it may cause prejudice to the

case of the prosecution or to the case of the accused/applicant.

7. Trial is going to take time for its conclusion. Pre-trial

incarceration is not the rule. Further detention of the accused

would not serve any fruitful purpose, rather would prove pre-

judicial to the rights of the petitioner.

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8. Punishment begins after conviction. Every man is

deemed to be innocent until duly tried and duly found guilty.

The consequences of pre-trial incarceration are grave. A person

presumed innocent is subjected to psychological and physical

deprivations of jail. Further, a jailed individual is prevented from

contributing to the preparation of his defence.

9. The object of bail is to secure the attendance of the

accused person at his trial by reasonable amount of bail. The

object of bail is neither punitive nor preventive.

10. Petitioner is permanent resident of Village Baddu, PO

Bari Majherwan, Tehsil Ghumarwin, District Bilaspur, HP. The

respondent/State has not expressed any apprehension

regarding him fleeing from the justice and adversely affecting

the trial. In any case, the petitioner can be put to terms for the

purposes of safe, secure and unobstructed completion of trial.

11. Hence, after going through the material available on

record and considering the overall facts and circumstances of

the case, this Court finds that the present is a fit case where

judicial discretion to admit the petitioner on bail is required to

be exercised in his favour. Accordingly, the bail application is

allowed and it is ordered that the petitioner, who has been

arrested by the police, in FIR No.197 of 2024, dated

28.08.2024, registered at Police Station Sadar, District Bilaspur,

Himachal Pradesh, under Sections 21 and 29 of the NDPS Act,

shall be forthwith released on bail, subject to his furnishing

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personal bond to the tune of Rs.50,000/- [Rupees fifty

thousand] with one local surety in the like amount, to the

satisfaction of learned Trial Court. This bail order is subject,

however, to the following conditions:-.

(i) Petitioner shall 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;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever;

(iii) Petitioner will not leave India without prior permission of the Court;

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and 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;

(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, Email, PAN Card, Bank Account Number, if any; &

(vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

12. Needless to say that the Investigating agency shall be

at liberty to move this Court for cancellation of the bail, if any of

the aforesaid conditions are violated by the petitioner.

13. Be it stated that any expression of opinion given in this

order does not mean an expression of opinion on the merits of

the case and the trial Court will not be influenced by any

observations made therein.

14. The Registry is directed to forward a soft copy of the

bail order to the Superintendent, Open Air Jail Jabli, District

Bilaspur, H.P., through email, with a direction to enter the date of

grant of bail in the e-prison software.

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15. In case, the petitioner is not released within a period of

seven days from the date of grant of bail, the Superintendent,

Open Air Jail Jabli, District Bilaspur, H.P. is directed to inform this

fact to the Secretary, DLSA, Bilaspur. The Superintendent, Open

Air Jail Jabli, District Bilaspur, H.P., is further directed that if the

petitioner fails to furnish the bail bonds, as per the order passed

by this Court, within a period of one month from today, the said

fact be submitted to this Court.

16. The petition stands accordingly disposed of. A copy of

this order be sent to the Superintendent, Open Air Jail Jabli,

District Bilaspur, H.P. and the learned trial Court by FASTER.

17. A downloaded copy of this order shall be accepted by

the learned Trial Court while accepting the bail bonds from the

petitioner and in case, said Court intends to ascertain the veracity

of the downloaded copy of the order presented to it, same may

be ascertained from the official website of this Court.

(Bipin Chander Negi) Judge

06th May, 2025 Digitally signed by VANDNA SHARMA

(Gaurav Rawat) DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF

VANDNA HIMACHAL PRADESH SHIMLA, Phone=d3b84f3143a60e693f007f9c5e0fe881 52279f1d9f450a0255823cfc38862034, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=3a417623218f5838c6af79

SHARMA de7dc1906f731266758b23a4f74fad98f00221 65e3, CN=VANDNA SHARMA Reason: I am the author of this document Location: