Himachal Pradesh High Court
Prashant Dhrmani vs State Of Himachal Pradesh on 16 May, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP (M) No.709/2025.
Date of Decision: 16th May, 2025.
Prashant Dhrmani
.....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. Prashant Sharma, Advocate.
For the Respondent: Mr. Diwakar Dev Sharma, Additional
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 bail petitioner in the car, there were two boys and one girl.
Whether reporters of Local Papers may be allowed to see the judgment?
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
bail petitioner 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 pending for consideration of charge before the
trial Court. In the aforesaid facts and attending circumstances,
no recoveries are to be instituted from the bail petitioner.
5. Other than the aforesaid, two other accused
namely Sheetal and Ankit, who were travelling at the relevant
time stand enlarged on bail.
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 prejudicial to the rights of the petitioner.
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
Karangora, P.O. Badi, Majherwan, Tehsil Ghumarwin, Distt.
Bilaspur, Himachal Pradesh. 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 & 29 of the NDPS Act,
shall be forthwith released on bail, subject to his furnishing
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, District
Bilaspur, H.P.through email, with a direction to enter the date of
grant of bail in the e-prison software.
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, Bilaspur,is directed to inform this
fact to the Secretary, DLSA, Bilaspur. The Superintendent, Open
Air Jail, 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 ,
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
16th May, 2025
(veena)
DN: C=IN, O=HIGH COURT OF HIMACHAL
PRADESH, OU=HIGH COURT OF HIMACHAL
VANDNA PRADESH SHIMLA,
Phone=d3b84f3143a60e693f007f9c5e0fe88152
279f1d9f450a0255823cfc38862034,
PostalCode=171001, S=Himachal Pradesh,
SERIALNUMBER=3a417623218f5838c6af79de
SHARMA 7dc1906f731266758b23a4f74fad98f0022165e3,
CN=VANDNA SHARMA
Reason: I am the author of this document
Location:
Date: 2025-05-16 17:24:32
