Extracted from the PDF above. The PDF is authoritative.
2025:HHC:16076 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. MP (M) No. : 1097 of 2025 Reserved on : 21st May, 2025 Decided on : 27th May, 2025 Ajay Kumar
…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. Narender Singh Thakur, Advocate. For the respondent : Mr. Tejasvi Sharma & Mr. H.S. Rawat,
Additional
Advocates General with Ms. Ranjna Patial, Deputy Advocate General assisted by HC Vijay Kumar, No.49, Police Station
Dharamshala,
District Kangra, H.P. Virender Singh, Judge ApplicantAjay Kumar 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 trial, arising out of FIR No.19 of 2025, dated 26.01.2025, registered, under Sections 21, 25 and 29 of 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:16076 the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as the ‘NDPS Act’), with Police Station, Dharamshala, District Kangra, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated by the police, in the present case. 3. It is the further case of the applicant that the police had allegedly levelled the allegations against him that the charas weighing 363.5 grams, has been recovered from his possession, in the present case. 4. As per the applicant, the investigation, in the present case,is complete against him and as such, no useful purpose would be served by keeping the applicant in the judicial custody. 5. It is the further case of the applicant that apart from the present case, FIR No.201/13, under Sections 363, 366, and 376(1) IPC and Section 4(4) of POCSO Act, was registered against him, however, he has been acquitted in the said case by the learned trial Court. 6. The applicant has further pleaded that the applicant has filed similar application before learned
3 2025:HHC:16076 Special JudgeIII, Kangra at Dharamshala, District Kangra, however, his application has been dismissed vide order dated 19.04.2025. 7. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail. 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 26.01.2025, HC Vijay Kumar, No.49, I.O., Police Station Dharamshala, has submitted a rukka to the Police Station, for registration of the FIR, disclosing therein, that on 26.01.2025, he, along with other police officials, was on patrolling duty, in order to detect the crime relating to excise and narcotic drugs. 9.1. At about 5.40 p.m., when the police party was present at a place known as ‘Jadrangal’, then, the I.O. received a secret information, with regard to the fact that one Ajay Kumar, son of Nanak Chand, along with Ajay Kumar, son of Kewal Singh, (applicant), were traveling in a
4 2025:HHC:16076 white
coloured
vehicle
(Alto
K10),
bearing No.T0125HP3447A, from Palampur to Chamunda side. The mobile phone of driver Ajay is stated to be 62302 62380 and as per the informant, in case, they are nabbed, then, large quantity of Charas can be recovered. 9.2. The said information was found to be authentic and reliable. As per the I.O., in case, he would have obtained search warrants, in that situation, there was possibility of removal of contraband and fleeing away of the accused. Location of accused Ajay was found to be near Paror. As such, the I.O., complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer, through Constable Tilak. 9.3. Thereafter, the I.O. has proceeded from Jadarangal towards Chamunda side. At about, 5.55 p.m., at Badoi Chowk, Sunil Dutt, Up Pradhan, Gram Panchayat Jadrangal and Rishabh met the I.O. and they were associated independent witnesses, after apprising them about the secret information. 9.4. Subsequently, the I.O., along with other police officials, as well as, the independent witnesses, waited for
5 2025:HHC:16076 the accused persons at the Chamunda Bridge, at about 6.00 p.m.
9.5.
At about 6.35 p.m., from Dadh side, the said car, being driven by its driver, was noticed and the same was signaled to stop, however, the driver drove the vehicle to link road Valley Hotel. Since the road was not wide enough and another vehicle came there from another side, as such, the driver stopped the same at one corner of the ground, at the distance of 50 meters from that place, where the I.O. was present. 9.6. The occupants of the car were nabbed and the driver disclosed his name as Ajay Kumar son of Kewal Kumar (applicant), whereas, the other person on inquiry disclosed his name as Ajay Kumar son of Nanak Chand. Thereafter, they were apprised about the secret information, which the I.O. had received and both were
directed to come out of the vehicle. After giving their personal search, the car was searched. 9.7. During search, in the dashboard of the vehicle, an orange coloured carry bag, containing stick shaped substance was found, which, on opening was found to be
6 2025:HHC:16076 charas. On weighment, the same was found to be 367.5 grams and without carry bag, weight of the same was found to be 363.5 grams. 10. After completion of the codal formalities, the FIR, in question, was registered, against the accused persons and the criminal machinery swung into motion. 11. Thereafter, inventory proceedings were got conducted by producing the case property before the Court. Thereafter, the case property was sent to SFSL Junga, from where, positive report has been received. 12. Against Ajay Kumar (applicant), the following cases have been found to be registered: i) FIR No. 204/12, under Sections 457, 380 IPC, ii) FIR No. 201/13, under Sections 363, 266, 276(1) & Section 4(4) of POCSO Act; and iii) FIR No.15/13, under Section 457, 380 IPC. 13. After completion of the investigation, charge sheet has been filed against the accused persons in the Court of learned Special JudgeII, Kangra at Dharamshala and the case is now listed for 30.05.2025, for consideration on charge. 7 2025:HHC:16076
14. On the basis of the above facts, a prayer has been made to dismiss the application. 15. First of all coming to the registration of three cases, against the applicant, details of which have been reproduced above, admittedly, in the said cases, the applicant has not been convicted by the competent Court of law. As such, registration of those three cases, cannot be taken to be disadvantageous to the case of the applicant, while considering the application for grant of bail. 16. The contraband allegedly recovered from the possession of accused persons, 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. Despite registration of three cases, accused is still presumed to be innocent. 17. Chances of the conclusion of the trial, against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping the applicant in the judicial custody, that too for indefinite period. 8 2025:HHC:16076
18.
Even otherwise, the bail application cannot be rejected, as a matter of punishment, as, pretrial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. 19. The applicant is permanent resident of Kangra, as such, it cannot be apprehended that in case, the applicant is ordered to be released on bail, he may not be available for trial. 20. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail during the pendency of the trial, arising out of FIR No.19 of 2025, dated 26.01.2025, registered, under Sections 21, 25 and 29 of the NDPS Act, with Police Station, Dharamshala, District Kangra, 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 the learned trial Court. 21. This order of release, however, shall be subject to the following conditions :
9 2025:HHC:16076
“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.”
22. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present bail application.
23. 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 bail applicant/petitioner.
24. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, District Kangra, through email, with a direction to enter the date of grant of bail in the eprison software.
10 2025:HHC:16076
25. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, District Kangra, is
directed to inform this fact to the Secretary, DLSA, Kangra at Dharamshala. The Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, District Kangra, 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 May 27, 2025(ps) Digitally signed by RAJNI Date: 2025.05.27 15:38:23 IST