Extracted from the PDF above. The PDF is authoritative.
2025:HHC:18774 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 1234 of 2025 Reserved on : 04th June, 2025 Decided on : 19th June, 2025 Trilok Negi
…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. Praveen Chauhan, Advocate. For the respondent : Mr. H.S. Rawat, Additional Advocate General with Mr. Ranjna Patial, Deputy Advocate General assisted by HC Vineet Kumar, No.202, Police Station Dhalli, District Shimla, H.P. Virender Singh, Judge ApplicantTrilok Negi, 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, arising out of FIR No.224 of 2024, dated 20.12.2024, registered, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:18774 Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Dhalli, District Shimla, H.P.
2. According to the applicant, he is innocent person and has nothing to do with the offence, for which, he has been named as accused. 3. As per the applicant, during investigation, the police could not collect any evidence, connecting the applicant with the commission of the alleged crime, for which, he has been arrested by the police. 4. It is the further case of the applicant that investigation, in the present case, is complete, as such, no useful purpose would be served by keeping him in judicial custody. 5. As per the applicant, he is the sole bread earner of his family and due to his incarceration, his family is at the verge of starvation. 6. The applicant has sought the relief of bail on the ground of parity as his coaccused has already been released on bail by the learned Special Judge, Shimla. 7. Applicant has also tried his luck before the learned Special Judge, under ND& PS Act (CBI Court),
3 2025:HHC:18774 Shimla, District Shimla, H.P., by moving similar application, however, the said bail application has been dismissed, vide order, dated 24th January, 2025. Thereafter, the applicant has filed similar application befor this Court bearing Cr.MP(M) No. 246 of 2025, which was dismissed by this Court on 28.02.2025. 8.
In addition to this, the applicant has also given the details of the cases registered against him, which are as under: i. FIR No.50/2021 dated 04.06.2021, under Section 21, 25 and 29 NDPS Act, Police Station Rohru, District Shimla; ii. FIR No.78 of 2022, dated 11.06.2022, under Section 21 NDPS Act, Police Station Dhalli. 9. On the basis of the above facts, Mr. Praveen Chauhan, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 10. On the basis of the above facts, a prayer has been made to allow the application. 4 2025:HHC:18774
11. When put to notice, the police has filed the status report disclosing therein, that on 20.12.2024, HC Puneet Sharma No.54 I.O., Special Cell Shimla submitted a rukka to the Police Station, Dhalli, disclosing therein that he, along with other police officials was on patrolling duty at Sanjauli towards Dhalli. 11.1. At about 3.30. p.m., when they were present near Dhalli tunnel, then he received an information from his source with regard to the fact that three persons are dealing with the sale and purchase of Chitta in the room in Ahaluwalia building near transformer and in case, the said room is raided, then, those persons could be nabbed along with Chitta. 11.2. 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, the accused, as well as, the contraband could not be found there. As such, the I.O. has complied with the provisions of Section 42(2) of the NDPS Act and submitted the report to the superior officer. 5 2025:HHC:18774
11.3. Thereafter, the police party had left towards the spot. On the way, they had associated Om Prakash Sharma and Rajinder Chauhan, as independent witnesses, after apprising them about the secret information.
Thereafter, they had reached at the spot. 11.4. When the police party reached on the 4th floor of Ahaluwalia Building, then the I.O. had knocked the door, which was opened by one Sandeep, care taker of the PG. He was also apprised about the secret information, which the I.O. had received. 11.5. The said care taker also confirmed the fact that in one room of the PG , three persons are sitting. When, the Police, along with independent witnesses, reached at the door of said room, the same was found to be bolted from inside. When the door was knocked, the same was opened. On opening, the police noticed three persons inside the room. 11.6. Out of the persons, who were found behind the person, who had opened the door, one had fled away from the window of washroom. Other two persons were directed to go out from the room. After apprising them about the
6 2025:HHC:18774 secret information, their antecedents were inquired. On inquiry, they had disclosed their names, as Trilok Negi (applicant) and Suraj Prakash Sharma and the person, who had fled away from the spot, as Anupam Thakur. 11.7. Thereafter, the room was searched. During search, Chitta weighing 9.350 grams was found. Apart from this, the police also found silver foil and the burnt currency notes in the denomination of 10 and 20. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR. Accused persons were arrested. On the same day, Anupam Thakur, appeared before the police and he was also arrested. 12. After completion of the codal formalities, the contraband, so recovered, was sent to SFSL Junga. After receiving positive reports, the police filed the charge sheet. 13. It has also been mentioned in the status report that the coaccused of the applicant namely; Anupam Thakur and Suraj Prakash Sharma, were released on bail by learned Special Judge, on 7.1.2025. 7 2025:HHC:18774
14. During
investigation,
various
financial transactions between the three accused were found.
In addition to this, it has also been mentioned by the police, in the status report, that apart from the present case, two other cases were also found to have been registered against the applicant, particulars of which are, as under:
1. FIR No.50/2021 dated 04.06.2021, under Section 21, 25 and 29 NDPS Act, Police Station Rohru, District Shimla;
2. FIR No.78 of 2022, dated 11.06.2022, under Section 21 NDPS Act, Police Station Dhalli. 15. On all these submissions, a prayer has been made to dismiss the application. 16. The applicant, in this case, was arrested on 21.12.2024 and as per the status report, the case is now listed before the learned Additional Sessions JudgeI, Shimla, for 16th June, 2025 for fixation of evidence. Meaning thereby, the chances of conclusion of trial against the applicant in near future are not so bright. 17. Moreover, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 8 2025:HHC:18774
18. Admittedly, the contraband allegedly recovered, in the present 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. 19. So far as the registration of two other cases, that too, under the NDPS Act, are concerned, in the said cases, the applicant has not been convicted by any competent Court of law. Moreover, neither there is anything, in the status report, to demonstrate that any efforts have been made by the prosecution to get the bail granted to the applicant cancelled in the above cases, nor is there anything on record to show that any efforts have been made to declare the applicant as habitual offender. 20. Earlier, the bail application, filed by the applicant, bearing Cr.MP(M) No. 246 of 2025, was dismissed mainly on the ground that the applicant has not given his previous criminal history, in the bail application. 21.
The applicant is permanent resident of District Shimla, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. Even otherwise, stringent conditions can be
9 2025:HHC:18774 imposed, in case, the applicant is ordered to be released on bail. 22. 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 in case FIR No.224 of 2024, dated 20.12.2024, registered, under Sections 21 and 29 of the NDPS Act, with Police Station, Dhalli, District Shimla, H.P., on his furnishing personal bond, in the sum of Rs.1,00,000/, with one surety, in the like amount, to the satisfaction of learned trial Court. 23. This order of release, however, shall be subject to the following conditions :
“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
10 2025:HHC:18774 d) Applicant shall not leave the territory of India without the prior permission of the Court.”
24. 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.
25. 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.
26. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kaithu, through email, with a direction to enter the date of grant of bail in the eprison software.
27. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Kaithu, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, District Jail, Kaithu, 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
11 2025:HHC:18774 one month from today, then, the said fact be submitted to this Court.
( Virender Singh ) Judge June 19, 2025(ps) Digitally signed by RAJNI Date: 2025.06.19 12:56:50 IST