IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 1841 of 2025 Decided on: 02.09.2025 ____________________________________________________ Narender ……….. 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. Ankush Dass Sood, Sr. Advocate with Mr. Aman Parth Sharma and Mr. H.M. Thakur, Advocates. For the respondent : Mr. Diwakar Dev Sharma, Additional Advocate General. ____________________________________________________ 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.99 of 2023, under Section 20 read with Section 29 of Narcotic Drugs and Psychotropic Substances (ND&PS) Act 1985, dated 22.12.2024, registered at Police Station, Chirgaon, District Shimla H.P. 2. Brief facts giving rise to the case at hand are that on 22nd December, 2024, acting on a tip off, the police had apprehended one Sh. Naval near Andhra Power House in Chirgaon. From the said individual, 1084 grams of Charas had been recovered. During interrogation the aforementioned 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 individual (Naval) had revealed that he had received a contraband from the present bail petitioner. 3. I have heard learned counsel for the parties. Perused the status report. 4. It is a well settled position of law that no advantage can be derived by the prosecution from a confessional statement made by the co-accused implicating the present bail petitioner during investigation. 5. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner. 6. The investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioner. Challan in the case at hand stands filed. The bail petitioner in the case at hand was arrested on 1st February, 2025. The matter is now coming up before the trial Court for consideration of charge. 7. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological 3 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. From the status report, so filed, it is evident that in the case of the petitioner, there is no possibility of flight risk. 8. 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. 9. 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 Hinogori, Tehsil Chirgaon, District Shimla H.P. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 10. 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. 11. 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 4 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.99 of 2023, dated 22.12.2024, registered at Police Station, Chirgaon, District Shimla H.P. under Section 20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances (ND&PS) Act 1985, 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 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. 5 12. 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. 13. 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. 14. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Superintendent, Sub Jail, Kaithu District Shimla, through email, with a direction to enter the date of grant of bail in the e-prison software. 15. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Sub Jail, Kaithu District Shimla, H.P., is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent, Sub Jail, Kaithu District Shimla, H.P, is 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. 16. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, Sub Jail, Kaithu District Shimla, H.P., and the learned trial Court by FASTER. 6 17. 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 September 02, 2025 tarun Digitally signed by GAURAV SINGH DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=b615aae6b839bd7695619d205a0 649faa3f10ee78fd5fc7d356ef93266e0ead 9, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=97f5851e94d1ce4a9d9 b2419311e660ac9051e6298a507d8e42c1 1fe77a95002, CN=GAURAV SINGH Reason: I am the author of this document Location: Date: 2025-09-02 18:32:08 GAURA V SINGH