( 2025:HHC:1297 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.3012 of 2024 Date of Decision: 07.01.2025 Rakesh Kumar …Applicant Versus State of H.P. …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant : Mr. Surinder Saklani, Advocate. For the Respondent : Mr. H.S. Rawat, Mr. Tejasvi Sharma, and Mr. Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge (Oral) Applicant-Rakesh Kumar 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 case, in FIR No.148 of 2024, dated 05.12.2024, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Dharampur, District Mandi, Himachal Pradesh. 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:1297 ) 2. According to the applicant, he has been falsely implicated in this case. He has been arrested in this case by the police allegedly for possessing 191 grams charas. 3. According to the applicant, investigation, in the present case, is complete and he is no more required by the police for custodial interrogation, as such no useful purpose would be served, by keeping him, in the judicial custody, for indefinite period. 4. Applicant has also tried his luck before the Court of learned Special Judge, Sarkaghat, District Mandi, H.P., camp at Joginder Nagar, by moving Bail Application No.107 of 2024. However, the said application has been dismissed, vide order dated 20.12.2024. 5. Apart from this, learned counsel 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. 6. On the basis of the above facts, a prayer has been made to allow the application. ( 2025:HHC:1297 ) 7. When put to notice, the police has filed the status report, disclosing therein, that on the basis of the secret information received by the Investigating Officer, Pradeep Kumar, house of Rakesh Kumar (applicant) was raided by the police alongwith the independent witness and during search of his house, 191 grams charas was found. 8. After completion of the codal formalities, the FIR, in question, was registered against the accused. 9. Apart from the present case, as per the status report, following cases have been registered against the applicant:- i) FIR No.51 of 2018, dated 24.02.2018, under Sections 20 of the NDPS Act, registered with PS Sadar, Bilaspur, District Bilaspur, H.P. (ii) FIR No.19 of 2019, dated 08.02.2019, under Section 20 & 29 of the NDPS Act, registered with PS Amb, District Una, H.P. 10. On the basis of the above facts, a prayer has been made that the investigation is complete, but keeping in view the number of cases registered against him, a prayer has been made to dismiss the application. 11. Heard. ( 2025:HHC:1297 ) 12. Admittedly, the contraband, allegedly shown to be recovered, in this case, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of ND & PS Act, are not applicable. 13. So far as the registration of two cases against the applicant is concerned, admittedly in none of the cases, the applicant has been convicted by the competent Court of law. The investigation is also stated to be complete and the bail application can be rejected, as a matter of punishment, as pre-trial punishment, is prohibited under the law. 14. The role, allegedly played by the applicant, in the commission of the crime, will be proved, during trial. 15. The applicant is permanent resident of District Mandi, as such, it cannot be apprehended that if the present application is allowed, the applicant may not be available for the trial. 16 Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released on bail in case FIR No.148 of 2024, dated 05.12.2024, registered under Section 20 of the NDPS Act, ( 2025:HHC:1297 ) with Police Station Dharampur, District Mandi, H.P., on his furnishing personal bonds in the sum of Rs.50,000/-, with one surety of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate/Judicial Magistrate First Class, Sarkaghat, District Mandi, H.P. 18. This order, however, shall be subject to the 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. 19. 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. ( 2025:HHC:1297 ) 20. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail, Mandi, District Mandi, H.P, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. In case, applicant is not released within a period of seven days, from the date of grant of bail, the Superintendent, District Jail, Mandi, District Mandi, H.P., is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent, District Jail, Mandi, District Mandi, 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 January 07, 2025 (subhash) Digitally signed by RAJNI Date: 2025.01.07 18:00:05 IST