IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 1227 of 2025 Decided on: 30.06.2025 ____________________________________________________ Bhagmal ……….. 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. Vinod Kumar Sharma, Advocate. For the respondent : Mr. Raj Kumar Negi, Additional Advocate General. : S.I. Rajat, I.O. P.S. Patlikuhal, District Kullu, H.P. present in person. ____________________________________________________ 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.75 of 2023, dated 25.06.2023, registered at Police Station, Patlikuhal, District Kullu H.P., under Sections 18 & 20 of the ND& PS Act. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. FIR in the case at hand was registered on 25.06.2023 against the present petitioner. The bail petitioner in the case at hand has been accused of having in his possession 2 Kg 300 grams Charas/cannabis and 838 grams of Opium. The quantity of contraband involved in the case at hand is a commercial quantity. 4. The bail petitioner has been in custody since 25.6.2023. Challan in the case at hand was filed on 29.8.2023. In 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 all, there are 14 witnesses, 5 have been examined till date. The case is now listed for recording of evidence of three witnesses on 7.7.2025. 5. In the aforesaid backdrop, learned counsel appearing on behalf of the petitioner has drawn the attention of this Court to judgment dated 18.10.2024 passed in Special Leave to Appeal Crl. Nos. 9737 of 2024 titled as Johnson vs. State of Rep by The Inspector of Police, NIB-CID Police, Nib-Cid and to judgment passed in Special Leave to Appeal Crl No. 16671/2024, decided on 10.01.2025 titled as Shambhulal Gurjar vs. State of Rajasthan. 6. In both the aforesaid cases, the quantity of contraband involved was commercial. The High Court had rejected the bail in both the cases on account of commercial quantity being involved in the cases. In the former case, the accused had been in custody since more three years, whereas in the latter, he had undergone one year and eight months of custody. In both the cases taking into account, the period spent by the bail petitioner had been enlarged on bail. 7. Other than the aforesaid, learned counsel has drawn the attention of this Court to judgment reported as 2023 (18) 166 titled as Mohd. Muslim @ Hussain vs. State of (NCT of Delhi), wherein it has been held that grant of bail on account of undue delay in trial cannot be said to be fettered by Section 37 of the ND&PS Act given the imperative of Section 436A of the Erstwhile 3 Code of Criminal Procedure. In the status report, no criminal antecedents of the bail petitioner have been alleged. 8. 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. 9. 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. 10. 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 Village Kalgehad, P.O. Sudhar, Tehsil Padhar, District Mandi, H.P. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 11. 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. 4 12. From the status report, so filed, it is evident that the petitioner does not have criminal antecedents. There is no possibility of flight risk in the case at hand. 13. 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.75 of 2023, dated 25.06.2023, registered at Police Station, Patlikuhal, District Kullu H.P. under Sections 18 & 20 of the ND&PS Act 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 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 5 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. 14. 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. 15. 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. 16. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Sub Jail, Kullu H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 17. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent Sub Jail, Kullu H.P., is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent, Sub Jail, Kullu, District H.P, is 6 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. 18. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, Sub Jail, Kullu H.P. and the learned trial Court by FASTER. 19. 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 30, 2025 tarun Digitally signed by VANDNA SHARMA DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= d3b84f3143a60e693f007f9c5e0fe88152279f1 d9f450a0255823cfc38862034, PostalCode= 171001, S=Himachal Pradesh, SERIALNUMBER= 3a417623218f5838c6af79de7dc1906f731266 758b23a4f74fad98f0022165e3, CN=VANDNA SHARMA Reason: I am the author of this document Location: Date: 2025.06.30 18:02:55+05'30' Foxit PDF Reader Version: 2024.3.0 VANDNA SHARM A