2025:HHC:12249 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No.175/2025. Date of Decision: 02nd May, 2025. Naresh Kumar .....Petitioner. Versus State of Himachal Pradesh …..Respondent. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Kulwant Singh Gill, Advocate. For the Respondent: Mr. Diwakar Dev Sharma, Additional Advocate General. Bipin Chander Negi, Judge (oral). The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail. The same arises out of FIR No.5 of 2024, dated 10.01.2024, registered at Police Station Kandaghat, District Solan, Himachal Pradesh, under Section 21 of NDPS Act. 2. Heard counsel for the parties. Perused the status report. 3. The offence, in the case at hand, is alleged to have been committed by the bail petitioner on 10.01.2024. On the said date at about 12:15 PM, 7.57 grams of heroin (intermediate quantity) was recovered from the jacket worn by the present petitioner at a place on the road towards Sirinagar-Jadhari near Govt. Middle School, Kandaghat. 4. Three other cases under the ND&PS Act already exist against the bail petitioner and they have been registered on 13.01.2020, 06.08.2023 and 23.10.2023. The bail petitioner 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:12249 has been in judicial custody since 10.01.2024 till date. The petitioner, in the case at hand, can be sentenced to a maximum imprisonment of 10 years. However, one cannot lose sight of the fact that the sentence has to be proportionate to the commission of the offence. Keeping in view the proportionality of the sentence, which at best can be imposed upon the petitioner post-conclusion of trial and the period for which the bail petitioner has been behind the bars, the petitioner deserves to be enlarged on bail. 5. The criminal history of the bail petitioner though an important factor in adjudicating the present bail petitioner, but the same has also to be considered in the context of the punishment, which on a conviction, in the case at hand, can best be imposed on the bail petitioner. 6. The investigation, in the case at hand, is complete and post completion of investigation, challan in case at hand has been filed. Trial has commenced. The matter is now fixed for recording of evidence. No recoveries have to be instituted from the bail petitioner. 7. At the time of deciding the bail petition, a detailed discussion of evidence so collected and produced by the prosecution, is to be avoided, as it may cause prejudice to the case of the prosecution or to the case of the accused/applicant. 8. Bail petitioner is in custody since 10.01.2024. Trial is going to take time for its conclusion. Pre-trial incarceration is 3 2025:HHC:12249 not the rule. Further detention of the accused would not serve any fruitful purpose, rather would prove pre-judicial to the rights of the petitioner. 9. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. 10. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventive. 11. Petitioner is permanent resident of Village Sirinagar, PO and Tehsil Kandaghat, District Solan, HP. The respondent/State has not expressed any apprehension regarding him fleeing from the justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. 12. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in FIR No.5 of 2024, dated 10.01.2024, 4 2025:HHC:12249 registered at Police Station Kandaghat, District Solan, Himachal Pradesh, under Section 21 of NDPS Act, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- [Rupees fifty thousand] with one local surety in the like amount, to the satisfaction of learned Trial Court. This bail order is subject, however, to the following conditions:-. (i) Petitioner shall 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; (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 13. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 14. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 5 2025:HHC:12249 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail Solan, District Solan, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 16. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail Solan, District Solan, H.P. is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent, District Jail Solan, District Solan, H.P., is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 17. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail Solan, District Solan, H.P. and the learned trial Court by FASTER. 18. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court. (Bipin Chander Negi) Judge 02nd May, 2025 (Gaurav Rawat) Digitally signed by VANDNA SHARMA DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=d3b84f3143a60e693f007f9c5e0fe88152279f1d9f4 50a0255823cfc38862034, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=3a417623218f5838c6af79de7dc1906f 731266758b23a4f74fad98f0022165e3, CN=VANDNA SHARMA Reason: I am the author of this document Location: Date: 2025-05-02 17:24:39 VANDNA SHARMA