Extracted from the PDF above. The PDF is authoritative.
2025:HHC:17535 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP (M) Nos. 1136 & 1139 of 2025 Reserved on : 02.06.2025 Decided on : 04
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1. Cr.MP(M) No.1136 of 2025 Madhu Bala
…Applicant Versus State of Himachal Pradesh …Respondent
2. Cr.MP(M) No.1139 of 2025 Kiran Devi
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant(s) : Mr. Pranav Sharma, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat
Additional
Advocates General, with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge. (Oral) Applicants, have filed the above titled applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release them on bail, during the pendency of trial, arising out of FIR No.103 of 2025, dated 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:17535 26.03.2025, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Nalagarh, District Solan, H.P.
2. According to the applicants, they are innocent persons and have falsely been implicated, in the present case, for allegedly possessing 6.250 grams of Heroin/ Chitta, whereas, according to them, they have nothing to do with the contraband. 3. Investigation, in the present case, is stated to have been completed. 4. Applicants have also tried their luck, by moving similar applications, before learned Special Judge, Nalagarh, however, their applications were dismissed, vide orders dated 16.04.2025. 5. Both of the applicants have sought their release on the ground that applicantMadhu Bala is about 21 years of age and applicant Kiran Devi is about 22 years of age. According to them, keeping them, in the judicial custody, at this tender age, would adversely affect their future. 3 2025:HHC:17535
6. Apart from this, Mr. Pranav Sharma, learned counsel appearing for the applicants, has given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 7. On the basis of the above facts, a prayer has been made to allow the applications. 8.
When put to notice, the police has filed the status report disclosing therein, that on 26.03.2025, HC Praveen Kumar No.36, I.O., has submitted a rukka to the Police Station, Nalagarh, disclosing therein that on 26.03.2025, he, along with other Police officials, was on patrolling duty in order to detect the crime relating to excise and narcotic drugs, under the supervision of ASI Ranjeet Singh, towards Nalagarh, Baddi, Barotiwala, Manpura, Ramshahr etc. 8.1. At about, 1.00 p.m., when, the police party was present at a place known as Ghora Chowk, Nalagarh, then, the I.O. has received a secret information that Pranav @ Billa, along with two girls is doing the illegal business of selling Chitta from his residential house. As per the
4 2025:HHC:17535 information, in case, said residential accommodation is searched, then, large quantity of Chitta/Heroin could be recovered. 8.2. The said information was found to be authentic and reliable. According to the I.O., in case of any delay, there is possibility of the contraband being removed from there. As such, the information under Section 42(2) ND & PS Act, was prepared and the same was sent to the SDPO, Nalagarh. 8.3 Thereafter, the I.O., along with the police officials, proceeded towards the spot. Near the shop namely six ten, one Chhotu Ram and Gopal Singh, were present and both were apprised about the secret information, which the I.O. had received and were associated, as independent witnesses. 8.4. Thereafter, the raiding party and independent witnesses, reached at the house of Pranav @ Billa. On knocking the gate, one person came out and on inquiry, he disclosed his name as Pranav @ Billa. Thereafter, the I.O. had given his introduction to him and apprised him about the secret information. Thereafter, the I.O. and his team
5 2025:HHC:17535 has given option for their personal search, but said Pranav @ Billa has refused to search the Police, as well as, the independent witnesses. 8.5.
Thereafter, the I.O., under the supervision of ASI entered into the room, where, two girls were found sitting on the bed and having foil paper, yellow coloured lighter and 10 rupees currency note, in front of them. On inquiry, they disclosed their names as Kiran aged 22 years and Madhubala aged 21 years (applicants). 8.6. During search of the bedcumbox, currency notes worth Rs.7300/ and one transparent ziplock pouch having yellow and white coloured substance were found. The said substance, on inquiry from Pranav @ Billa was found to be Chitta. Thereafter the same was checked by the I.O. on the I.O., kit and the same was found to be Chitta. 8.7. On weighing, the said contraband was found to be 6.250 grams. Other codal formalities were completed and the contraband was taken into possession. Thereafter, all the three were arrested. 6 2025:HHC:17535
8.8. During investigation, the applicants disclosed that for the last four years, they are addicted to Chitta and earlier they used to purchase the same from Gurpreet Singh @ Jatta, who, as per them, is in judicial custody and thereafter, they had started purchasing the same from Pranav and Pranav, in lieu of that, directed them to supply the same to the customers. 9. After receiving positive report from SFSL, Junga, charge sheet has been filed in the Court of learned Additional Sessions Judge, Nalagarh. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. Except the present case, both the applicants are not involved, in any other criminal case. 12. The applicants are young girls aged about 21 and 22 years. At the young age of 21 and 22 years, keeping the applicants, in judicial custody, that too, in the company of hardened criminals, will certainly affect their future. 13.
The contraband, allegedly recovered in the present case, does not fall within the definition of
7 2025:HHC:17535 commercial quantity, as such, rigors of Section 37 of the NDPS Act, are not applicable, in the present case. 14. The investigation, in the present case, is complete and the applicants are in judicial custody. This fact demonstrates that their custodial interrogation is not required. Moreover, the chances of commencement and conclusion of trial, against the applicants, in near future, are not so bright, as such, no useful purpose would be served by keeping them, in judicial custody, that too, for indefinite period. 15. Even otherwise, the bail applications 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. Moreover, the presumption of innocence is still in favour of accused (applicants). 16. The legislature, in its wisdom has added the proviso to Section 480 (ii) of BNSS, according to which, the Court may release a person on bail, if such person is a child or is a woman or is sick or infirm. 8 2025:HHC:17535
17. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed. The applicants are ordered to be released on bail in case FIR No.103 of 2025, dated 26.03.2025, under Sections 21 and 29 of the NDPS Act, registered with Police Station, Nalagarh, District Solan, H.P., on their furnishing personal bond in the sum of Rs.50,000/, each, with one surety, each, in the like amount, to the satisfaction of learned trial Court. 18.
This order of release, however, shall be subject to the following conditions :
“a) Applicants shall make themselves available for the purpose of investigation, if so required and 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) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) They 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 Office; and d) They shall not leave the territory of India without the prior permission of the Court.”
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19. 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.
20. 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 applicant.
21. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, Sub Jail, Kishanpura, through email, with a direction to enter the date of grant of bail in the eprison software.
22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, Sub Jail, Kishanpura is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent Jail, SubJail, Kishanpura, 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 ) June 04, 2025(ps) Judge Digitally signed by RAJNI Date: 2025.06.04 15:25:11 IST