IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 960 of 2025 Decided on: 21.06.2025 ____________________________________________________ Gurdeep Singh ……….. petitioner Versus State of Himachal Pradesh ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Rajat Awasthy, Advocate. For the respondent : Mr. B.N. Sharma, Additional Advocate General. ____________________________________________________ Bipin Chander Negi, Judge (oral) The present bail petition has been filed under Section 483 of the BNSS for grant of regular bail, in FIR No.14 of 2025, under Section 21 of Narcotic Drugs and Psychotropic Substances (ND&PS) Act 1985, dated 12.01.2025, registered at Police Station, Nalagarh, District Solan H.P. 2. I have heard learned counsel for the parties. Perused the status report. 3. FIR in the case at hand is dated 12.1.2025. On secret information received, the police party in the case at hand had apprehended one Sh. Deepak Mehta. On search of the vehicle of the said individual, car bearing No. DL4CAU-6252, contraband was recovered. The said Sh. Deepak Mehta was arrested on 12.1.2025 for alleged commission of offence under 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 the Narcotic Drugs and Psychotropic Substances (ND&PS) Act 1985. 4. During investigation, it is stated that the said Deepak Mehta had divulged that he had financial transactions with the bail petitioner and it is alleged that the bail petitioner had sold contraband to Sh. Deepak Mehta. 5. I have heard learned counsel for the parties and have gone through the record. 6. In the aforesaid facts and attending circumstances, learned counsel for the petitioner has placed reliance upon a judgment passed by Hon’ble Apex Court in Tofan Singh vs. State of Tamil Nadu (2021) 4 SCC 1. Based on the aforesaid judgment, it is correctly contended by the learned counsel for the petitioner that voluntary statement made by the accused during the course of investigation implicating the present bail petitioner cannot be taken into account as the same are barred under the provisions of Section 25 of Indian Evidence Act. 7. Other than the aforesaid, reliance has correctly been placed upon a judgment passed by the Hon’ble High of Delhi, in case titled Amit Ranjan vs. Narcotics Control Bureau, Delhi, reported in 2022 SCC Online Del. 1532: (2022) 291 DLT 284, wherein it has been held that aspect of monetary transactions inter se co-accused can only be gauged at the stage of trial. 3 8. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner. 9. The investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioner. Challan in the case at hand stands filed. The bail petitioner in the case at hand was arrested on 7th February, 2025. The matter is now coming up before the trial Court for consideration of charge. 10. 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. The burden of his detention falls heavily on the innocent members of his family. From the status report, so filed, it is evident that in the case of the petitioner, there is no possibility of flight risk. 11. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 4 12. 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 preventative. As per the status report, bail petitioner is stated to be a resident of Ward No.7, Bhatauli Khurd, Post Office and Tehsil Baddi, District Solan, H.P. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 13. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 14. 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 case FIR No.14 of 2025, dated 12.01.2025, registered at Police Station, Nalagarh, District Solan H.P. under Section 21 of Narcotic Drugs and Psychotropic Substances (ND&PS) Act 1985, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.1,00,000/- (one lakh) with one local surety in the like amount, to the satisfaction of 5 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. 15. 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. 16. 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. 17. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Sub Jail, Kishanpura, District 6 Solan, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 18. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Sub Jail, Kishanpura, District Solan, H.P., is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent, Sub Jail, Kishanpura, District Solan, H.P, is further directed that if the petitioner fail 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. 19. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, Sub Jail, Kishanpura, District Solan, H.P. and the learned trial Court by FASTER. 20. 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 June 21, 2025 tarun Digitally signed by VANDNA SHARMA DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= d3b84f3143a60e693f007f9c5e0fe88152279f1d9f450a025 5823cfc38862034, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= 3a417623218f5838c6af79de7dc1906f731266758b23a4f7 4fad98f0022165e3, CN=VANDNA SHARMA Reason: I am the author of this document Location: Date: 2025.06.21 15:39:17+05'30' Foxit PDF Reader Version: 2024.3.0 VANDNA SHARMA