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12025:HHC:28090 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1826 of 2025 Reserved on : 13.8.2025 Decided on : 19.8.2025 Anmol Deep Singh …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Ms. Anjali Soni Verma, Advocate. For the Respondent : Mr. Mohinder Zharaick, Mr. Varun Chandel and Mr. H.S. Rawat, Additional AGs. Virender Singh, Judge Applicant Anmol Deep Singh 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. 149 of 2025 dated 12.6.2025, registered under Section 21 of the
22025:HHC:28090 Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Sadar Chamba, H.P.
2. The applicant has pleaded that he is an innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. According to the applicant, investigation, in the present case, is completed and nothing is to be recovered from his possession. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police. 4. According to the applicant, he has tried his luck by moving similar bail application, before the learned Special Judge, Chamba, Division Chamba, H.P., however, the same was dismissed, on 3.7.2025. 5. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to
32025:HHC:28090 be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial. 6. On these submissions, a prayer has been made to allow the bail application. 7. When put to notice, the police has filed the status report, disclosing therein, that on 11.6.2025, I.O. HC Yog Raj, has submitted the ruqua, disclosing therein, that on that day, he was on patrolling duty, alongwith other police officials. 7.1 At about 10:25 p.m., while conducting the patrolling, when the Police party reached near Sui Mata Mandir via Hardaspura, Surada, Fultunala side, then, on the parapet, on the pedestrian path, one person was found standing under the street light.
Since, the said person was standing during odd hours of night, and at a secluded place, suspicion has been raised in the mind of I.O., as such, he has directed the driver to stop the vehicle and inquired from the said person the reason for his presence at the said place. On seeing the Police party, the said person got
42025:HHC:28090 perplexed and could not give satisfactory answer. When, the I.O. was inquiring from the said person, he took out something from the right pocket of his trousers and threw the same on the un-metalled portion of the road. 7.2 On inquiry, the said person disclosed his name as Anmol Deep Singh (applicant). In the meanwhile, a motorcycle reached there from Fultunala side. The motorcyclist was signalled to stop. On inquiry, he disclosed his name as Naval Kumar. He was associated in the investigation as independent witness. In the presence of the said independent witness, the I.O. lifted the small packet, thrown by the applicant, and the same was found to be containing a transparent polythene envelope. When, the knot of the same was untied, it was found containing a piece of brown coloured solid substance. On checking with the help of drug detection kit, the contraband was found to be 7.27 grams. 52025:HHC:28090 7.3 Other codal formalities were completed. After registration of the FIR, applicant was arrested. After conducting inventory proceedings, the case property was produced before the learned JMFC, Chamba. The case property was sent to SFSL, Junga, from where, positive report has been received. After registration of the FIR, the charge sheet has been filed in the Court of learned Special Judge-II, Chamba.
7.4 As per the status report, apart from the present case, two other cases are found to have been registered against the applicant, details of which are reproduced as under: i) FIR No. 110/2022, dated 27.8.2022, registered under Sections 15, 21-61-85 of the NDPS Act, with Police Station Sajanpur; ii) FIR No. 87 of 2023, dated 25.7.2023, registered under Sections 21-61-85 of the NDPS Act, with P.S.Sajanpur, Pathankot. 7.5 On the basis of above facts, a prayer has been made to dismiss the application. 62025:HHC:28090
8. Although, in this case, investigation is complete and the contraband, so recovered, does not fall within the commercial quantity, but one fact, which has rightly been highlighted by the learned Addl.A.G, is the futile attempt made by the applicant to conceal his criminal history. In the bail application, nothing has been mentioned with regard to the two cases, which have been registered, against the applicant. Meaning thereby, the material fact has been withheld from the scrutiny of this Court. The previous history of the applicant has actively been concealed, despite the fact that the learned Special Judge, Chamba has dismissed his bail application, on the ground that cases of similar nature were found to have been registered against him. However, despite the said fact, the applicant has not bothered to mention these material facts in the bail application. Whenever, a person is approaching the Court for bail, it is expected from him to mention all the material facts, including his criminal history. 72025:HHC:28090
9. Considering these facts, at this stage, the applicant is not able to make out a case, for releasing him on bail, on the ground of concealment of material facts, regarding registration of the earlier cases, against him. 10. Consequently, the present application is dismissed. 11.
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. (Virender Singh) Judge August 19, 2025 Kalpana