Extracted from the PDF above. The PDF is authoritative.
2025:HHC:30668 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 2032 of 2025 Reserved on : 04.09.2025 Decided on : 09.09.2025 Akash Mathur
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Hemant
Kumar
Thakur, Advocate. For the respondent : Mr. Tejasvi Sharma, Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General. Virender Singh, Judge ApplicantAkash Mathur has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial,
2 2025:HHC:30668 arising out of FIR No. 119 of 2024, dated 09.07.2024, under Sections 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Dhalli, District Shimla, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case, for allegedly possessing heroin/chitta weighing 14.6 grams. 3. As per the applicant, he has no concern, whatsoever, with the alleged recovery of chitta and there is no legal evidence against the applicant to connect him with the alleged offence. 4. The investigation in the present case, is complete and the applicant is in judicial custody. All these facts have been highlighted to contend that the custodial interrogation of the applicant is no longer required by the police as the challan has been presented in the competent Court of Law. 5. The applicant is having the criminal antecedents. In order to prove the said fact, by moving application Cr.MP No. 3740 of 2025, the details of the cases, registered against him, have been submitted in the Court. The said details are
3 2025:HHC:30668 reproduced as under: Sr.
No.
E-FIR No. Dated Under Section Police Station 1 109/2022 2022 380 IPC Mehrauli at Delhi 2 01071/2022 04.12.2022 379 IPC Mehrauli at Delhi 3 0982/2022 11.11.2022 380 IPC Mehrauli at Delhi 4 0991/2022 14.11.2022 380 IPC Mehrauli at Delhi 5 1069/2022 04.12.2022 379 IPC Mehrauli at Delhi 6 0430/2022 07.12.2022 380 IPC Mehrauli at Delhi 7 0447/2022 18.05.2022 380 IPC Mehrauli at Delhi 8 0452/2022 20.05.2022 380 IPC Mehrauli at Delhi 9 0526/2022 12.06.2022 380 IPC Mehrauli at Delhi 10 0370/2022 28.04.2022 380 IPC Mehrauli at Delhi 11 0771/2022 06.09.2022 379 IPC Mehrauli at Delhi 12 0773/2022 06.09.2022 380 IPC Mehrauli at Delhi 13 0967/2022 07.11.2022 380, 450 IPC Mehrauli at Delhi 14 1043/2022 27.11.2022 370 IPC Mehrauli at Delhi 15 1089/2022 08.12.2022 380, 450 IPC Mehrauli at Delhi 16 1105/2022 09.12.2022 380 IPC Mehrauli at Delhi 17 0637/2022 26.07.2022 380 IPC Mehrauli at Delhi 18 0850/2022 28.09.2022 380, 450 IPC Mehrauli at Delhi 19 881/2022 05.10.2022 379 IPC Mehrauli at Delhi 20 0949/2022 01.11.2022 379 IPC Mehrauli at Delhi 21 FIR No. 126/24 15.07.2024 262 BNS Police Station Dhalli Shimla. 6. The applicant has earlier tried his luck by moving the application for bail before the learned Special Judge, Shimla, however, his application has been dismissed vide order dated 17.12.2024. 4 2025:HHC:30668
7. Apart from this, Mr. Hemant Kumar Thakur, Advocate, 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 bail application. 9. When, put to notice, the police has filed the status report, disclosing therein, that on 09.07.2024, HC Anup No. 190, I.O. Police Station Dhalli had sent a rukka to Police Station Dhalli, disclosing therein, that on that day, he along with other police officials, in their official vehicle, bearing No. HP63B2146, was on patrolling duty and duty to detect the crime relating to excise and narcotics.
When he reached at Bhattakufar market, at about 5:20 pm, then he received a secret information regarding the fact in Kamala Niwas (Deoli), Kamalanagar Dhalli, Shimla, one Akash Mathur, son of Rohan Singh (applicant) is doing the business of selling chitta/heroin, in the rented accommodation. 5 2025:HHC:30668 9.1 As per the information, if raid is conducted, heroin can be recovered. Due to paucity of time, if the search warrants were obtained, in that eventuality, there were chances of contraband being removed from there. As such, the I.O. has prepared the information under Section 42(2) of ND&PS Act and submitted the same to superior Officer. 9.2 Thereafter, the police team had proceeded towards Kamala Niwas Deoli. On the way, Dharam Singh son of Sh. Shali Ram and Devendra Singh son of Bhagwan Singh, were associated in the investigation, after apprising them about the secret information. Thereafter, along with these two independent witnesses, the police party proceeded towards the spot. 9.3 After reaching at the spot, the door was knocked, which was opened by a young man. He disclosed his name Akash Mathur (applicant). Thereafter, I.O. apprised applicant Akash Mathur about the secret information and before searching the room, the raiding party and independent witnesses had given their personal search to
6 2025:HHC:30668 applicant. 9.4 Thereafter, the room was searched. From the kitchen of the room, a transparent polythene pouch in the right pocket of the dark grey coloured zipper, hanging on the window, was found, which, on opening was found to be containing white coloured powder like substance and a piece of foil paper. On checking, the powder like substance, was found to be heroin. On weighing, it was found to be 14.61 grams. 9.5 The codol formalities were completed. Accused (applicant) was arrested. He was produced before the Court. The contraband was sent to FSL Junga. 9.6 As per the report, 20 more cases were found to have been registered against the applicant, the particulars of which have already been reproduced above.
9.7 It is the further case of the police that the applicant was remanded to police custody from 10.07.2024 to 15.07.2024. On the intervening night of 14.07.2024, at about 11:20 pm, he fled away from the police custody, as such, he could not be produced before the Court on
7 2025:HHC:30668
15.07.2024. Regarding the said fact, FIR No. 126/2024 dated 15.07.2024, under Section 262 of BNS was registered against the applicant. He was nabbed on 17.07.2024 at Prayagraj, from where he was arrested. 9.8 It is the further case of the police that charge sheet has been filed in the competent Court of Law i.e. learned Special JudgeII Shimla has fixed the case on 20.10.2025, for prosecution evidence. 9.9 On the basis of above criminal history, especially the fact that the applicant had fled away from the police custody on 14.07.2024, a prayer has been made to dismiss the application. 10. In this case, the applicant, at the first instance, was arrested on 09.07.2024 and thereafter on the intervening night of 14.07.2024, he has fled away from the police custody and was nabbed on 17.07.2024. From 17.07.2024, till date, he is in judicial custody. 11. The contraband, allegedly recovered, from the possession of the applicant does not fall within the category of commercial quantity, as such, rigors of Section 37 of
8 2025:HHC:30668 ND&PS Act, are not applicable in the present case. 12. The applicant is in the judicial custody for last 14 months and the trial against him has not yet been concluded. 13. So far as the registration of 20 cases as highlighted in the status report, as well as, the case, which has been registered against him, for fleeing away from the police custody under Section 262 BNS, registered with Police Station Dhalli vide FIR No. 126/2024 are concerned, in none of the cases, the applicant has been convicted by the competent Court of Law. 14.
Moreover, no efforts have been made by the police to get the bail cancelled, in the above noted cases. As such, in the absence of any conviction, the applicant cannot be kept in the judicial custody i.e. too for indefinite period, as pretrial punishment is prohibited under the law. 15. Another fact, which has been highlighted by the
learned Counsel for the applicant that he has falsely been implicated in the cases, which were registered under Section 380 IPC against him, with Police Station Mehrauli. The said
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arguments cannot be brushed aside, at this stage, as in those cases, almost applicant has been named as accused for the same/similiar offences. 16. However, considering the fact that the applicant had also made a futile attempt to abscond from the police custody, for which, the FIR has also been lodged, stringent conditions are required to be imposed upon him, in case, he is ordered to be released on bail, during the pendency of trial. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released, on bail, in case FIR No. 119 of 2024, dated 09.07.2024, registered under Section 21 of the NDPS Act, with Police Station Dhalli, District Shimla, H.P., on his furnishing personal bonds in the sum of Rs. 2,00,000/, with two sureties of the like amount, to the satisfaction of the learned trial Court. 19. This order, however, shall be subject to the
10 2025:HHC:30668 following conditions:
“a) The applicant shall make himself available for the purpose of interrogation, if so required and 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court.”
20. Any of the observations, made hereinabove, 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. 21. 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. 22.
The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Kanda Shimla
11 2025:HHC:30668 H.P. through email, with a direction to enter the date of grant of bail in the eprison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Kanda Shimla, H.P., is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, Kanda 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 09th September, 2025 (Pramod Kumar) RAJNI Digitally signed by RAJNI Date: 2025.09.09 10:48:20 +0530