Extracted from the PDF above. The PDF is authoritative.
2025:HHC:26696 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 1751 of 2025 Reserved on : 04th August, 2025 Decided on : 08th August, 2025 Gurpreet Singh
…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. Vijender Katoch, Advocate. For the respondent : Mr. Tejasvi Sharma & Mr. Varun Chandel, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General. Virender Singh, Judge ApplicantGurpreet Singh, 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, during the pendency of the trial, arising out of FIR No.52 of 2023, dated 02.11.2023, registered, under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Macloedganj, District Kangra, H.P. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:26696
2. According to the applicant, he is innocent person and has falsely been implicated by the Police, in the present case, whereas, according to him, he has no concern, whatsoever, with the alleged recovery of 6.65 grams of Chitta. 3. The applicant has preferred similar application before the learned Special JudgeIII, Kangra at Dharamshala and his bail application was allowed on 20.11.2023 and he was ordered to be released on bail, however, on account of his absence on 21.11.2024, Non Bailable Warrants were issued against him for 16.12.2024. 4. It is the further case of the applicant that he was present on 16.12.2024. Thereafter, on 26.04.2025, notices were issued to the accused for 21.05.2025. On 21.05.2025, due to his absence, his personal and surety bonds were forfeited and proceedings under Section 446 Cr.PC, were initiated by the learned trial Court. 5. According to the applicant, thereafter, he has surrendered himself to the Court and was remanded to judicial custody till 07.07.2025 and since then, he is in judicial custody. 3 2025:HHC:26696
6. The applicant has filed the fresh application for his release on bail before the Court of learned Special Judge, Dharamshala, however, the said application has been dismissed on 8.7.2025. 7.
Apart from this, learned counsel 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. 8. On the basis of the above facts, a prayer has been made to allow the application. 9. When put to notice, the police has filed the status report, disclosing therein, that on the basis of some information on 2.11.2023, 6.65 grams of Heroin was recovered from the alleged possession of Narender Kumar, Gurpreet Singh (applicant) and Soma. 9.1. Thereafter, the applicant has moved application for bail before the learned Additional Sessions JudgeII, Kangra at Dharamshala, which was allowed on 20.11.2023, on the solemn undertaking given by the applicant, as well as, his surety, and when, he had failed to
4 2025:HHC:26696 honour the said solemn undertaking, NonBailable Warrants were issued and thereafter, since he could not honour his solemn undertakings, as such, his personal bond and surety bonds were cancelled and forfeited to the State of H.P.
9.2. On 21.05.2025, due to the non appearance of the applicant, before the learned trial Court, he was ordered to be served through NonBailable Warrants and thereafter, on 31.05.2025, he surrendered himself before the learned trial Court and was sent to judicial custody. 9.3. Thereafter, the applicant had filed the application for bail before the learned trial Court, which was dismissed on 8.7.2025. 10. Considering
the
peculiar
facts
and circumstances, according to which, the contraband recovered allegedly recovered, in the present case, does not fall within the definition of ‘commercial quantity’, and considering the fact that the applicant himself has surrendered to the Court on 31.05.2025, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.
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11. Consequently, the applicant is ordered to be released on bail, in case FIR No.52 of 2023, dated 02.11.2023, registered, under Sections 21 and 29 of the NDPS Act, with Police Station, Macloedganj, District Kangra, H.P., on his furnishing personal bond, in the sum of Rs.1,00,000/, with two sureties, in the like amount, to the satisfaction of learned trial Court.
12. 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 d) Applicant shall not leave the territory of India without the prior permission of the Court.”
13. 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.
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14. 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.
15. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai District Air Correctional Home, Dharamshala, District Kangra, H.P., through email, with a direction to enter the date of grant of bail in the eprison software.
16. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Lala Lajpat Rai District Air Correctional Home, Dharamshala, District Kangra, H.P., is
directed to inform this fact to the Secretary, DLSA, Kangra at Dharamshala. The Superintendent of Jail, Lala Lajpat Rai District Air Correctional Home, Dharamshala, District Kangra, 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 August 08, 2025(ps) RAJNI Digitally signed by RAJNI Date: 2025.08.08 11:33:30 +0530