Extracted from the PDF above. The PDF is authoritative.
1. ( 2025:HHC:41995 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2729 of 2025 Reserved on:- 02.12.2025 Date of Decision: 05.12.2025 Jeet Ram
…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. N.S. Chandel, Senior Advocate, with Mr. Sidharth, Advocate, For the respondent : Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General with Ms. Ranjna Patial and Mr. Rohit Sharma, Deputy Advocates General, assisted by ASI Mahesh Kumar, PS Nalagarh, Police Station Baddi, H.P. Virender Singh,
Judge
By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Jeet Ram has sought his release, on bail, during the pendency of the trial, arising out of FIR No.263 of 2019, dated 11.09.2019, registered under Section 15 of the Narcotic 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:41995 ) Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Nalagarh, District Solan, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in this case, as, no direct or indirect evidence has been collected, by the police to connect the applicant, with the crime in question. 3. According to the applicant, he is in judicial custody and the investigation against him is completed. The applicant was arrested on 11.09.2019 and on 27.09.2019, he has been released on bail, by the learned trial Court, however, he has failed to appear before the learned trial Court and was declared, as proclaimed offender on 26.04.2024 . On 26.04.2024, he is in judicial custody. 4. The applicant had earlier tried his luck by moving the similar bail application before the Court of learned Special Judge, Nalagarh, H.P. However, the said application was dismissed on 25.09.2025. Thereafter, the applicant has filed the present bail application. 3. ( 2025:HHC:41995 )
5. Apart from this, Mr. N.S. Chandel, Senior Advocate, assisted by with Mr. Sidharth, 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. 6.
Apart from this, the applicant has given the details of the following six cases, registered against him, the particulars, which have been mentioned, in the application and the same are reproduced, as under:-
“(i) FIR No.238 of 2006, dated 29.09.2006, under Section 15 of NDPS Act, at Police Station Nalagarh, H.P. Convicted for two years and fine of Rs.20,000/- by the learned Special Judge, Solan, H.P. (ii) FIR No.56 of 2007, dated 02.03.2007-2006, under Section 15 of NDPS Act, at Police Station Nalagarh, H.P. Acquitted by the learned Fast Track Court, Solan, H.P. on
31.12.2007. (iii) FIR No.183 of 2011, dated 24.08.2011, under Section 15 of NDPS Act, at Police Station Nalagarh, H.P. Convicted for two years and fine of Rs.20,000/- by the learned Special Judge, Solan, H.P., on 09.01.2013. (iv) FIR No.99 of 2017, dated 18.09.2017, under Section 15 of NDPS Act, at Police Station Rupnagar, Punjab. Acquitted by the learned Special Judge, Rupnagar, Punjab on 11.07.2018. 4. ( 2025:HHC:41995 ) (v) FIR No.27 of 2022, dated 18.01.2022, under Sections 18, 27A, 26 of ND&PS Act, at Police Station Thanesar, Haryana, which was pending. (vi) FIR No.23 of 2022, dated 21.01.2022, under Sections 147, 148, 149, 232, 356, 382, 353, 332, 342, 308, 333 of IPC & 3 of PDP, Act, Police Station, Nalagarh, H.P.”
7. The applicant has further pleaded that his absence before the learned trial Court was neither intentional, nor deliberate, but, the same was bonafide. He has given the undertaking to abide by any conditions, imposed by this Court, in case, he is 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 11.09.2019, Inspector Joginder Singh, I/C SIU Baddi, along with the other police officials, in private Vehicles No.HP12F-6915 and HP12H-6565, was on patrolling duty and duty to detect the crime in the area of Police Station, Nalagarh. While they were going back to Police Station, Nalagarh, then at about 5:20 PM, when, they were present at Rajpura Bus-Stand, then, a secret information has been
5. ( 2025:HHC:41995 ) received regarding the indulgence of Jeet Ram S/o Devi Ram (applicant) in illegal business of selling and purchasing Chura-post (poppy husk) in his residential house at Bir Plassi. As per the information, if the raid is conducted, then, from his possession, a large quantity of poppy husk could be recovered. 9.1. As per information, in case, the search warrants are obtained and delay is caused, in that eventuality, the contraband may be removed from there. As such, IO, considered the said statement, as authentic and reliable and prepared the report under Section 42(2) of ND& PS Act and submitted the same to Dy. S.P. Nalagarh. Thereafter, the then Dy.S.P. Nalagarh, Chaman Lal and Up Pradhan Gram Panchayat Plassi Kalan, were requested telephonically to reach on the spot. Thereafter, Inspector Joginder Singh along with other police officials, reached at Bus-Stand Jagaat Khana at 5:50 PM, where, Up Pradhan, Shri Ram Lal and Ward Panch, Shri Mool Raj, were found present, who were apprised about the secret information and associated in the investigation. 6. ( 2025:HHC:41995 )
9.2. In the meanwhile, the then Dy.SP Shri Chaman Lal also reached at the spot, in his official vehicle, along with his driver and PSO. Thereafter, Inspector Joginder Singh, under the leadership of Dy.SP, along with the other police officials, independent witnesses reached at the residential house of Jeet Ram (applicant).
One person was found in the courtyard, who, on inquiry, disclosed his name as Jeet Ram S/o Devi Ram (applicant), upon which, Dy.SP has apprised the said person about the secret information and thereafter, given his personal search, as well as, the search of police officials and independent witnesses. Thereafter, the house was searched. 9.3. During search of the house, in the ground floor, in the room, a white plastic sack was found, which was kept concealed underneath the quilt on the double bed, in the left side. On checking, the same was found containing two large polythene envelopes, further containing 25 white polythene envelopes, having some substance. When those 25 polythene envelopes were opened and checked, then, in those polythene envelopes, granule shaped poppy husk was found. On weighment, the said contraband was
7. ( 2025:HHC:41995 ) found to be 5 kg 211 grams and the currency notes, on counting, were found to be Rs.30,000/-. The contraband, as well as, currency notes, were taken into possession. Other codal formalities were completed. 9.4. After investigation of the case, the police filed the charge sheet, in the Court of learned Additional Sessions Judge, Nalagarh. During proceedings of the case, the applicant has not appeared before the Court, as such, he was declared, as proclaimed offender on
26.04.2024. 9.5. Lastly, it has been pleaded, in the status report, that there are total 18 witnesses, out of which, 3 witnesses have already been examined and case is now listed for
02.12.2025. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. The applicant in the present case has already been released by the learned trial Court, however, due to his non appearance, he has been declared, as proclaimed offender on 26.04.2024, by the Court of learned Additional
8. ( 2025:HHC:41995 ) Sessions Judge (Special Judge) Nalagarh, and has been arrested and remanded to judicial custody. 12.
As per the stand taken by the applicant, he was arrested, after being declared, proclaimed offender, by the police and presently, he is in judicial custody. 13. The primary purpose of the proceedings initiated under Section 82 of the Cr.P.C. is to secure the presence of the accused. Once, the accused has been arrested and produced, before the Court, he cannot be kept in the judicial custody for indefinite period. 14. Moreover, the contraband, involved in the present case, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the NDPS Act, are not applicable. The bail application cannot be rejected, as a matter of punishment, as the punishment can only be inflicted, after the full fledged trial. In order to secure his presence, during the trial, reasonable conditions, can be imposed. 15. So far as the criminal history, as referred to above, is concerned, the applicant in a case, bearing FIR No.238 of 2006 has been convicted, by the Court of
9. ( 2025:HHC:41995 ) learned Sessions Judge, Solan, on 17.06.2008 and in case FIR No.183 of 2011, he has been convicted by the Court of learned Sessions Judge, Solan on 09.01.2023 and other three cases are pending. 16. In such situation, the material question, which arises for determination, before this Court, is about the fact as to whether, on the basis of the conviction, which has been recorded on 17.06.2008, 09.01.2023, that too, in cases, which were registered under Section 15 of ND&PS Act, the applicant can be released on bail. 17. The primary purpose of the proceedings, under Section 82 Cr.P.C., is to secure the presence of the accused during the trial and the accused cannot be kept in judicial custody, that too, for the indefinite period, as out of the 18 witnesses, till date, only 3 witnesses have been examined and case is now listed for 02.12.2025. 18.
From the above fact, this Court is of the view that the completion of the trial will take sufficient long time and no useful purpose would be served, by keeping the applicant, in judicial custody. 10. ( 2025:HHC:41995 )
19. Moreover, his bail application cannot be rejected, merely on the ground, that in the year 2008, as well as, in the year 2013, he has been convicted by the competent Court of law, that too, under Section 15 of ND&PS Act, as, he cannot be made to bear the sting of the conviction, which was recorded about 12 years ago, in one case and about about 17 years ago, in another case. However, in order to secure the presence of the applicant, during the trial, reasonable conditions, can be imposed. 20. Moreover, the applicant is permanent resident of District Solan, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. 21. Considering all these facts, this Court is of the view that the present bail application is liable to be allowed and is accordingly allowed. 22. Consequently, the applicant is ordered to be released, on bail, during the course of trial, arising out of FIR No.263 of 2019, dated 11.09.2019, registered under Section 15-61-85 of the ND&PS Act, with Police Station, Nalagarh, District Solan, H.P., on his furnishing
11. ( 2025:HHC:41995 ) personal bond in the sum of Rs.1,00,000/-, with two sureties of the like amount, to the satisfaction of the learned trial Court. 23.
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. 24. 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. 25. 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. 12. ( 2025:HHC:41995 )
26. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail, Nalagarh, District Solan, Himachal Pradesh, through e- mail, with a direction to enter the date of grant of bail in the e-prison software. 27. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub Jail, Nalagarh, District Solan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, Sub Jail, Nalagarh, District Solan, Himachal Pradesh, 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 December 05, 2025 (subhash) PRADEEP Digitally signed by PRADEEP Date: 2025.12.05 15:28:52 +0530