Extracted from the PDF above. The PDF is authoritative.
2025:HHC:23016 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP (M) No. : 1563 of 2025 Reserved on : 11th July, 2025 Decided on : 17th July, 2025 Shantnu Bhardwaj
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Kamal Kant Chandel, Advocate. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Additional Advocate General, and Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Santosh Kumar, Police
Station
BSL
Colony Sundernagar, District Mandi, H.P. Virender Singh, Judge ApplicantShantnu Bhardwaj, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.80 of 2025, dated 20.06.2025, registered, under Sections 21, 25 and 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:23016 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, BSL Colony Sundernagar, District Mandi, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated by the Police, in this case. 3. It is the further case of the applicant that he has nothing to do with the commission of alleged crime, for which, he has been named as accused and arrested by the Police. 4. As per the applicant, nothing has been recovered from his possession and investigation in the present case is stated to have been completed. 5. As per the applicant, the contraband, allegedly recovered in this case, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act, are not applicable, in the present case. 6. The applicant has also put forward his young age of 21 years for seeking the relief of bail. According to him, he is pursuing B.P. Ed. At MLSM, Sundernagar, District Mandi. 3 2025:HHC:23016
7. On the basis of the above facts, Mr. Kamal Kant Chandel, 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 application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 20.06.2025, ASI Daulat Ram, I.O., SIU, along with other Police officials, was on patrolling duty and duty to put picketing, as well as, to detect the crime relating to excise, in their private vehicle bearing No.HP24B7601. Along with them, Constable Upesh Rana No.908 and Constable Satish Kumar No.677, were also there, in vehicle No.HP33D2905, which was being driven by Constable Kuldeep Singh No.596. 9.1. At about, 11.30 p.m., when, the police party were at a place known as Jatta Nala, then, they noticed a vehicle parked on the side of the road. Windowpanes of the said car were opened. Near the said vehicle, a scooty
4 2025:HHC:23016 was found parked on the pucca road, upon which, ASI inquired from the scooty driver, as to why, he has parked the same in the middle of the road. 9.2. Meanwhile, the I.O., noticed that the persons, who were in the vehicle, all of a sudden alighted down and fled away towards the forest. The scooty driver, also tried to flee away from there. The scooty driver while fleeing away, towards the forest, he had thrown away something, out of his pocket towards the bushes. The said scooty driver was nabbed at a distance of 1520 footsteps. He was brought to the road. 9.3. The I.O. raised suspicion in his mind that the scooty driver had thrown some stolen article from his pocket, as such, he felt it necessary to conduct his personal search, as, he could not give the satisfactory answer to the articles thrown by him. 9.4. Thereafter, ASI Daulat Ram, has requested the Member of Zila Parishad to come to the spot along with the witnesses. After sometime, Zila Parishad Member Jasveer Singh reached on the spot. He was apprised about
5 2025:HHC:23016 the factual position.
He was requested to be the independent witness, to which, he has agreed. 9.5. Thereafter, name and address of the person, so nabbed, were asked, who, on enquiry, disclosed his name as Shantnu Bhardwaj (applicant). On further inquiry, he has disclosed that the swift car bearing No.HP10B8998, is owned by Pale Khan and also disclosed the names of other two persons, as Abhinav @ Golu and Kshitij @ Kalu. 9.6. Thereafter, the packet thrown by applicant was opened, which, on opening was found to be containing Heroin/Chitta. On weighment, the said Chitta was found to be 23 grams. The said contraband was taken into possession. 10. After completion of the codal formalities, the FIR was registered and the accused was arrested. 11. Thereafter, involvement of Pale Khan, Abhinav @ Golu and Kshitij @ Kalu was also found. Later on, accused Pale Khan was arrested on 26.6.2025, whereas, Abhinav and Kshitij, are yet to be arrested. 12. The prayer for bail, as made in the application, has been contested on the ground that chitta, weighing 23
6 2025:HHC:23016 grams, was found from his possession and it is a serious offence, as, by selling Chitta to younger generation, he is pushing them in the swamp of drugs, and in case, the applicant is released on bail, it will give wrong signal to the society. 13. It has also been mentioned in the status report that the applicant is a clever person and he may coerce the witnesses and allure them to depose in his favour. 14. Lastly, it has been pleaded in the status report that in case, the applicant is released on bail, he may again indulge in the similar activities and it will become difficult to arrest his coaccused Abhinav and Kshitij. 15. On the basis of the above facts, a prayer has been made to dismiss the application. 16. As per the stand taken by the police in the status report that except the present case, no other case has been found to have been registered against the applicant, as such, he is presumed to be innocent. 17.
Admittedly, the contraband allegedly recovered, in the present case, does not fall within the definition of
7 2025:HHC:23016 ‘commercial quantity’, as such, rigors of Section 37 of the NDPS Act are not applicable, in the present case. 18. The chances of commencement and conclusion of the 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. 19. The accused is young man of 21 years. Although, he has been named in a serious offence, but, on this ground, he cannot be kept in judicial custody, that too, in the company of hardened criminals, which will affect his future adversely. 20. Moreover, the application cannot be rejected as a matter of punishment, as pretrial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial. 21. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail, in case FIR No.80 of 2025, dated 20.06.2025, registered, under Sections 21, 25 and 29 of the NDPS Act, with Police Station, BSL Colony, Sundernagar, District
8 2025:HHC:23016 Mandi, 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 Additional Chief Judicial Magistrate, Sundernagar, District Mandi, H.P.
22.
This order of release, 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.”
23. 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. 9 2025:HHC:23016
24. 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. 25. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Mandi, District Mandi, through email, with a direction to enter the date of grant of bail in the eprison software. 26. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Mandi, District Mandi, is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent of Jail, District Jail, Mandi, District Mandi, 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 July 17, 2025(ps) Digitally signed by VIKRANT CHANDEL Date: 2025.07.17 13:14:53 IST