1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA [[ Cr. MP(M) No. 1953 of 2025 Date of Decision : 11.09.2025 Dhale Ram …… Petitioner Versus State of Himachal Pradesh ……Respondent. _________________________________________________________ Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Loveneesh Thakur and Mr. Udaynand Sharma, Advocates. For the respondent : Mr. Raj Kumar Negi, Additional Advocate General. Bipin Chander Negi, Judge (oral) Head Constable Khem Singh No.136, Police Station, BSL Colony, Sunder Nagar, District Mandi, Himachal Pradesh, is present along- with record. Status report stands filed. The same is taken on record. 2. The present bail petition has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail, arising out of FIR No.96 of 2024 dated 17.11.2024, registered at Police Station, BSL Colony, Sundernagar, District Mandi, Himachal Pradesh, for an offence punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. I have heard learned counsel for the parties and perused the status report. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 4. The brief facts are that on 17.11.2024, Police patrol near Sukhdev Vatika, Sundernagar intercepted a HRTC bus and recovered 4.702 Kilograms contraband from a Trolley bag belonging to one Chaman Lal. During investigation as per the Police, there existed an organized drug cartel involving Chaman Lal, Rakesh Kumar, bail petitioner, Satya Prakash and Khem Raj. As per prosecution, bail petitioner, Khem Raj played a pivotal role in procuring the contraband form Satya Prakash. During investigation, Chaman Lal had disclosed name of one Rakesh Kumar. As per the prosecution, both Chaman Lal and Rakesh Kumar divulged that the contraband in the case at hand had been procured from the bail petitioner. It is alleged that bail petitioner had contacted Khem Raj, in the case at hand for procurement of the contraband, who in turn had contacted Satya Prakash. The bail petitioner had been apprehended on 23.11.2024. Admittedly, in the case at hand, bail petitioner has been arrested on the basis of statement made by Chaman Lal and Rakesh Kumar during investigation. 5. Investigation, in the case at hand, is complete. Challan stands filed. Now the case has been filed for Consideration of Charge before the trial Court, on 27.09.2025. In all, there are 37 witnesses to be examined in the case at hand. From the aforesaid, it is evident that the trial will not be concluded in near future. 6. It has been held in clear terms in Tofan Singh vs. State of Tamil Nadu, 2021 (4) SCC 1, that a confessional statement recorded under 3 Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. In the teeth of the aforesaid decision, the arrests made on the basis of the confession/voluntary statements of the co-accused under Section 67 of the NDPS Act, are vitiated. 7. Other than the aforesaid, the CDR details, bank transactions inter se the accused will be examined at the stage of trial. 8. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological 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. 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. 10. 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. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. 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 them to turn out to take justice at the hands of the Court. As per the status report, bail petitioner is stated to be resident of Village and Post Office, Kot Khamradha, 4 Tehsil Sadar, District Mandi, Himachal Pradesh. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 11. The respondent-State has not expressed any apprehension regarding their fleeing from the course of justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 12. 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 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.96 of 2024 dated 17.11.2024, registered at Police Station, BSL Colony, Sundernagar, District Mandi, Himachal Pradesh, for an offence punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs. 1,00,000/- (Rupees one lac) with one surety each 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 5 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(s), if any; & (vi). It is made clear that in case petitioner is arraigned as 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. 13. 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. 14. 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. 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail, Mandi, District Mandi, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 16. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail, Mandi, District Mandi, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, District Mandi, Himachal Pradesh. The Superintendent, District Jail, Mandi, District Mandi, Himachal Pradesh, is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this 6 Court, within a period of one month from today, the said fact be submitted to this Court. 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) September 11, 2025 (KS) Judge