IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.1514 of 2025 Date of decision: 16.07.2025 Prem Shah. ...Petitioner. Versus State of Himachal Pradesh. ...Respondent. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners : Mr. Rajesh Kumar, Advocate. For the respondent : Mr. Y.P.S. Dhaulta, Additional Advocate General. : H.C. Kuldeep Singh No.73, I/O, Police Station Rohru, District Shimla, H.P., present along with record. Jyotsna Rewal Dua, Judge Petitioner is co-accused in FIR No.50 of 2021 dated 04.06.2021, registered under Sections 21, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) at Police Station Rohru, District Shimla. 2. The case. 2(i). Petitioner was arrested in the aforesaid FIR on 30.07.2021 and enlarged on regular bail by learned Special Judge, Rohru, District Shimla on 16.08.2021. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- 2(ii). Presently, the trial of the case is stated to be underway. In terms of the Status Report filed by the respondent, out of total 30 prosecution witnesses, 8 have been examined and 4 more are scheduled to be examined on 01.08.2025. 2(iii). The trial was previously fixed on 17.02.2025. The petitioner could not appear before the learned Trial Court on the said date. For his non-appearance on 17.02.2025, learned Trial Court issued non-bailable warrants against the petitioner. He was accordingly arrested by the police on 20.03.2025. 2(iv). The petitioner moved bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) on 09.04.2025 before the learned Special Judge, Rohru, District Shimla. The bail petition was dismissed on 02.05.2025 primarily on the ground that petitioner had not appeared in the Court on 17.02.2025; He had breached the condition on which he was enlarged on bail; In case of grant of bail, there is possibility of the petitioner jumping over the bail in future and there is apprehension of his threatening the prosecution witnesses. -3- 2(v). Being in custody now w.e.f. 20.03.2025 and his bail plea having been dismissed by learned Trial Court on 02.05.2025, petitioner has instituted present bail petition seeking his release on bail. 3. Heard learned counsel for the parties and considered the case file as also the record produced by the respondent. 4. Respondent has not disputed that petitioner had attended all previous hearings prior to 17.02.2025 before the learned Trial Court. It is only on 17.02.2025 that petitioner could not remain present before the learned Trial Court. The petitioner has tendered an explanation that he had noted next date of hearing as 17.04.2025 instead of 17.02.2025. It is because of this mistake, he could not remain present before the learned Trial Court. In the interregnum, he was arrested on 20.03.2025. It is also an admitted fact that the petitioner had attended the trial hearing on all previous occasions and is not habitual in absenting himself before the learned Trial Court. It is also not the case of the respondent that the while on bail the petitioner had attempted to or influenced -4- the prosecution witnesses or attempted to temper the prosecution evidence. 5. Taking into consideration all the above facts, I am of the considered view that there was sufficient cause which prevented the petitioner from attending the trial on 17.02.2025. Learned Additional Advocate General has informed that the next date of hearing before the learned Trial Court is 01.08.2025 when the case has been fixed for examining 4 prosecution witnesses. In view of the aforesaid discussion, petitioner is ordered to be released on bail in the aforesaid FIR on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with two local sureties each in the like amount to the satisfaction of the learned Trial Court subject to the following conditions:- (i) Petitioner shall not tamper with the evidence or influence prosecution witnesses. (ii). Petitioner will not leave India without prior permission of the Court. (iii). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer. (iv). Petitioner shall attend the trial on every hearing, unless exempted in accordance with law. -5- Petitioner shall not cause delay in conclusion of trial. (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, E-mail, PAN Card, Bank Account Number, if any. For infraction of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter uninfluenced by any of observations made hereinabove. With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any. Jyotsna Rewal Dua 16th July, 2025 Judge (Pardeep)