1.  ( 2025:HHC:21273 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1438 of 2025 Reserved on:- 01.07.2025 Date of Decision: 04.07.2025 Ritik …Applicant Versus State of H.P. …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Varun Chauhan, Advocate. For the respondent : Mr. Mohinder Zharaick, Additional Advocate General, with Ms. Ranjna Patial and Mr. Rohit Sharma, Deputy Advocates General, for the respondent/State. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Ritik Rathour has sought his release, on bail, during the pendency of the trial, arising out of FIR No.88 of 2024, dated 21.11.2024, registered under Sections 21 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Chirgaon, District Shimla, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:21273 ) 2. The relief of bail has been sought on the ground that the applicant is innocent person and has falsely been implicated, in this case. 3. As per the applicant, after registration of the case, the police has conducted the investigation and submitted the charge sheet against him, as well as, his co-accused before the competent Court of Law. The competent Court of law has taken the cognizance and the case is stated to have been fixed for recording the prosecution evidence on 20.06.2025. 4. According to the applicant, he is in judicial custody for the last more than seven months and only two prosecution witnesses could be examined. All these facts have been pointed out to show that the chances of conclusion of the trial against the applicant, are not so bright. 5. The applicant has further pleaded that his co- accused Vivek Kumar has already been released on bail by the learned trial Court, on 23.01.2025. As such, on the ground of parity, the relief of bail has also been sought. 6. According to the applicant, the contraband allegedly recovered in the present case is 13 grams chitta/heroin and the said contraband, according to the applicant, does not fall within 3. ( 2025:HHC:21273 ) the definition of ‘commercial quantity’. As such, rigors of Section 37 of the NDPS Act, are not applicable, in the present case. 7. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Rohru, District Shimla, Himachal Pradesh, however, the said application was dismissed vide order dated 26.05.2025. 8. According to the applicant, apart from the present case, the following two cases have also been registered against him:- (i) FIR No.114 of 2020, dated 24.12.2020, under Sections 341, 323, 504, 34 of IPC, registered with Police Station Chirgaon, District Shimla, H.P., which is pending adjudication. (ii) FIR No.151 of 2024, dated 05.11.2024, under Sections 21 of NDPS Act, registered with Police Station, Rohru, District Shimla, H.P., which is pending adjudication. 9. Apart from this, Mr. Varun 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. 4. ( 2025:HHC:21273 ) 10. On the basis of the above facts, a prayer has been made to allow the application. 11. When put to notice, the police has filed the status report, disclosing therein, that on 21.11.2024, HC Pawan Kumar No.224, along with other police officials, in official vehicle No. HP10B-9790, being driven by constable Naresh No.282 were on patrolling duty and duty to detect the crime relating to excise and narcotics drugs, within the jurisdiction of their police station. 11.1. At about 1:50 PM, when, the police party was present at place known as Sundha, HC Pawan Kumar received a secret information regarding the indulgence of Pradevan Chauhan alias Goldy, Ritik Rathore (applicant), and Vivek in the business of selling heroin/chitta. 11.2. As per the secret information, all the three persons were present at Maandli and they were selling the chitta at Chanshal Resort and in case, according to the secret information, the above three persons were nabbed, a large quantity of chitta could be recovered from them. 11.3. The said information was found to be authentic and reliable. According to the IO, in case, he will obtain search warrants and in case of delay, contraband could be removed and the accused could flee away from there. As such, the 5. ( 2025:HHC:21273 ) compliance of Section 42(2) of NDPS Act was made by the IO and submitted the report to SDPO Rohru. Thereafter, they had proceeded towards the spot i.e. Maandli Chanshal Resort. 11.4. At about 2:50 PM, police reached at the spot, where, owner of Chanshal Resort, namely; Sandeep Ranjan and his Manager Vishal Mehta, were found present. Both were requested to be the independent witnesses, after apprising them about the factual position, upon which, both had agreed to be the independent witnesses. After associating them as independent witnesses, the matter with regard to above three suspected persons was inquired, upon which, independent witness Sandeep has stated that Pradevan Chauhan alias Goldy, who is resident of his village, along with two other persons, is sitting in the restaurant, made by Bamboo. 11.5. Thereafter, the I.O., along with other police officials and independent witnesses, entered in the restaurant and noticed three persons, sitting there. One was wearing a brown coloured jacket and he had thrown something from his right pocket underneath the table. His act of throwing the article raised a suspicion in the mind of the I.O., as such, he has inquired from the said person about his name and address. On inquiry, he disclosed his name as Pradeven Chauhan, alias 6. ( 2025:HHC:21273 ) Goldy and his companion disclosed their names as Ritik Rathour (applicant) and Vivek. 11.6. Thereafter, the I.O. apprised the said three persons about the secret information, which he had received. The article, which was thrown by Ritik Rathour (applicant), was checked. On checking, it was found to be packet of gold flake premium cigarette, in which, a transparent polythene envelope was found and on checking it was found containing brown and white coloured stone shaped substance. The substance, on checking, was found to be heroin/chitta and Ritik (applicant) also confirmed this fact. 11.7. The said substance was also checked on drug detection kit, upon which, the positive result with regard to existence of heroin/chitta was found. On weighment, the chitta was found to be 13 grams. 11.8. Other codal formalities were completed and after registration of the FIR, all the accused were searched. From the personal search, of Ritik Rathour (applicant), Rs.280 was found from his purse and accused Pradeven Chauhan, a 10 rupees currency note and one weighing scale was found. From the possession of Vivek, a foil paper roll was also found, but he 7. ( 2025:HHC:21273 ) could not gave any satisfactory answer regarding the above facts. Thereafter, all the accused persons were arrested. 11.9. The contraband, so recovered, was sent to SFSL, Junga, from where, the positive report has been received. The charge sheet has been filed before the competent Court of law and charges have been framed. Total six prosecution witnesses have been examined and now the case is stated to be listed for 08.07.2025 for evidence. 11.10. It is the further case of the police that against Ritik Rathour (applicant), the following cases are found to have been registered:- (i) FIR No.114 of 2020, dated 24.12.2020, under Sections 341, 323, 504, 34 of IPC, registered with Police Station Chirgaon, District Shimla, H.P. (ii) FIR No.151 of 2024, dated 05.11.2024, under Sections 21 of NDPS Act, registered with Police Station, Rohru, District Shimla, H.P. 11.11. As per the status report, both the cases are pending adjudication, before the competent Court of law. 12. O the basis of the above facts, a prayer has been made to dismiss the application. 13. As per Annexure P-2, which is the copy of order dated 23.01.2025, co-accused of the applicant; namely Vivek Kumar, has been released on bail, by the Court of learned 8. ( 2025:HHC:21273 ) Special Judge, Rohru, District Shimla, H.P., whereas, the bail application of Ritik (applicant), has been dismissed, merely on the ground of pendency of two other cases against him. 14. Admittedly, in both the cases, which are stated to be registered against the applicant, the competent Court of law has not convicted him, nor, any efforts have been made by the police to get the bail cancelled, which was granted to the applicant, in above two cases. 15. Considering the fact that the investigation in the present case is complete and chances of conclusion of trial against the applicant, are not so bright and also considering the period of custody of the applicant, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody, that too, for the indefinite period, as, the pre-trial punishment is prohibited under the law. 16. Moreover, the contraband, so 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 to the present case. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 9. ( 2025:HHC:21273 ) 18. Consequently, the applicant is ordered to be released on bail, in case FIR No.88 of 2024, dated 21.11.2024, registered under Sections 21 & 29 of NDPS Act, with Police Station, Chirgaon, District Shimla, H.P., on his furnishing personal bond in the sum of Rs. 75,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 19. This order, 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 the 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. 20. Any of the observations, made hereinabove, 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 application. 10.  ( 2025:HHC:21273 ) 21. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Kaithu, District Shimla, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 23. 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, District Shimla, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Shimla, District Shimla, H.P. The Superintendent of Jail, District Jail Kaithu, District Shimla, Himachal Pradesh, 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 July 04, 2025 (subhash) Digitally signed by KARAN SINGH KANWAR Date: 2025.07.04 15:37:30 IST