1 2025:HHC:30708 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2097 of 2025 Reserved on : 5.9.2025 Decided on : 9.9.2025 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. Tejasvi Sharma and Mr. H.S. Rawat, Addl. AGs with Mr. Rohit Sharma and Ms. Ranjna Patial, Dy. A.G. 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 2 2025:HHC:30708 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. The applicant has pleaded that apart from the present case, two other cases have been registered against him, details of which, are as under: i) FIR No. 110 of 2022, dated 27.8.2022, registered under Sections 15, 21-61-81 of the NDPS Act, with Police Station, Sajanpur, Pathankot; 3 2025:HHC:30708 ii) FIR No. 87 of 2023, dated 25.7.2023, registered under Sections 21-61-85 of NDPS Act, with Police Station, Sajanpur, Pathankot. 5. 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. Thereafter, the applicant has moved bail application bearing Cr.M.P. (M) No. 1826 of 2025, however, the same was dismissed, vide order dated 19.8.2025, on the ground of concealment of facts. 6. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial. 7. On these submissions, a prayer has been made to allow the bail application. 8. 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 4 2025:HHC:30708 therein, that on that day, he was on patrolling duty, alongwith other police officials. 8.1 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 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. 5 2025:HHC:30708 8.2 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. 8.3 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, 6 2025:HHC:30708 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. 8.4 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 in the earlier part of the judgment. 8.5 On the basis of above facts, a prayer has been made to dismiss the application. 9. The applicant had earlier filed Cr. M.P.(M) No. 1826 of 2025, before this Court, for releasing him on bail, however, the same was dismissed on the ground of concealment of facts regarding registration of cases, against him. Now, the applicant has mentioned his criminal history. 10. Since, the contraband recovered, in this case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the NDPS are not applicable, in the present case. 7 2025:HHC:30708 11. The accused is presumed to be innocent, unless proven guilty, as registration of other cases is too short to take away the presumption of innocence, which is still available to the applicant, as he has not been convicted by the competent Court of law. 12. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation, by the Police. 13. Moreover, the chances of conclusion of trial, against the applicant, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 14. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 8 2025:HHC:30708 15. Consequently, the applicant is ordered to be released on bail, in case FIR No. 149 of 2025, dated 12.6.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Sadar Chamba, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety, in the like amount, to the satisfaction of learned trial Court. 16. This order, 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. 17. 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 9 2025:HHC:30708 confined, only to the disposal of the present bail application. 18. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District- cum-Open Air Jail, Chamba, H.P. with a direction to enter the date of grant of bail in the e-prison software. 20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District-cum-Open Air Jail, Chamba, H.P. is directed to inform this fact to the Secretary, DLSA, Chamba. The Superintendent of District-cum-Open Air Jail, Chamba, H.P. is further directed that if the applicant fails to furnish the bail 10 2025:HHC:30708 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 9.9.2025 Kalpana KALPANA Digitally signed by KALPANA Date: 2025.09.09 14:47:42 +0000