1  2025:HHC:23021 2025:HHC:23021 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1580 of 2025 Reserved on : 8.7.2025 Decided on : 17.7.2025 Vijay Kumar …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Vanshaj Sharma, Advocate. For the Respondent : Mr. Anup Rattan, Advocate General with Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocate Generals and Ms. Ranjna Patial, Dy. A.G. Virender Singh, Judge Applicant Vijay Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 138 of 2024, 2  2025:HHC:23021 dated 24.10.2024, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Sadar, District Shimla, H.P. 2. According to the applicant, he has been named as accused and arrested in the above noted case, on 24.10.2024. After investigation, Police has submitted the charge-sheet, against the accused person, under Sections No. 21 and 29 of the NDPS Act. 3. It is the case of the applicant that he was enlarged on bail by the learned Special Judge-1, Shimla, vide order dated 7.12.2024. Thereafter, the applicant attended the proceedings of the case, regularly. Thereafter, the case was listed for PWs, on 20.5.2025. The applicant has apprised his counsel that due to unavoidable and pre-determined pilgrimage, he could not attend the Court on 20.5.2025. Consequently, his counsel moved the 3  2025:HHC:23021 application for exemption and the next date of hearing, was fixed for 21.5.2025. On that date, the application for exemption was not moved, as such, his bail bonds and surety bonds were cancelled. Thereafter, he was arrested on 3.6.2025. 4. Thereafter, the applicant has moved the application for bail, before the Court of learned trial Court, which was also dismissed on 23.6.2025 5. The absence of the applicant on 21.5.2025 is stated to be due to genuine reason, i.e. participation in pre-scheduled religious pilgrimage. 6. It is the further case of the applicant that application for exemption was moved on 20.5.2025, which was allowed. However, he was not aware about the fact that he had to appear, before the learned trial Court, on 21.5.2025, as his counsel did not brief him about the date of hearing, i.e. 21.5.2025. 7. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to 4  2025:HHC:23021 be imposed by this court, in case, he is ordered to be released on bail. 8. On these submissions, a prayer has been made to allow the bail application. 8.1. When put to notice, the police has filed the status report, disclosing therein, about the involvement of applicant Vijay Kumar, S/o Bansi Lal and Prithvi Raj, S/o Kehar Singh, for allegedly possessing 27.810 grams of chitta. After registration of the FIR, applicant was arrested. Investigation was conducted and charge sheet has been filed. 8.2 On the basis of above facts, a prayer has been made to dismiss the bail application. 9. As per the documents, annexed with the application, the applicant was released on bail, by the Court of learned Special Judge-1, Shimla, District Shimla, H.P., on 7.12.2024. However, due to his absence on 21.5.2024, his bail bonds were cancelled and forfeited. Thereafter, the applicant has moved 5  2025:HHC:23021 application before the Court learned trial Court, which was dismissed on 23.6.2025. 10. The contraband, allegedly involved in the present case, does not fall within the commercial quantity. Considering the fact that the applicant is permanent resident of District Shimla, relief of bail can be granted to the applicant, subject to the stringent conditions. 11. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 12. Consequently, the applicant is ordered to be released on bail in case FIR No. 138 of 2024, dated 24.10.2024, registered under Sections 21 and 29 of the NDPS Act, with Police Station, Sadar, District Shimla, H.P., on his furnishing personal bond in the sum of Rs. 2,00,000/-, with two sureties in the like amount, to the satisfaction of learned trial Court. 13. This order, however, shall be subject to the following conditions:- 6  2025:HHC:23021 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. 14. 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. 15. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 16. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Sub-Jail, Kaithu, District Shimla, H.P., through e-mail, with a 7  2025:HHC:23021 direction to enter the date of grant of bail in the e- prison software. 17. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Sub-Jail, Kaithu, District Shimla, H.P. is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the Sub-Jail, Kaithu, District Shimla, H.P. 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 17 2025 Kalpana Digitally signed by VIKRANT CHANDEL Date: 2025.07.17 14:11:42 IST