JUDGMENT : Bipin Chander Negi, J. 1. The present bail petition has been filed under Section 483 of the BNSS for grant of bail, in FIR No.01 of 2023, dated 01.01.2023, registered at Police Station, Sadar Kullu, District Kullu H.P., under Section 20 of the ND& PS Act. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. The brief facts of the present case are that on 31.12.2022, HC Jagdish No. 51, HC Sandeep Kumar No. 23, Ct. Ajay Kumar No. 444, Ct. Hukam Chand No. 477 and Ct. Tej Ram No. 324 were patrolling for surveillance regarding narcotics in the areas of Ramsheela, Hathithan, Chilmod, Shot, Kasol, etc. A report No. 14 dated 31.12.2022 was entered in the daily diary of SIU Kullu. They were traveling in a private vehicle No. HP49 1607, equipped with an IO kit, laptop, and searchlight. 4. At around 7:30 PM, while HC Jagdish Kumar No. 51 and the above-mentioned personnel were patrolling on foot in Sarasari Bazaar, HC Jagdish Kumar received confidential information from a reliable source that a youth named Suresh Kumar (bail petitioner), resident of Village Dhara, was going to sell charas near the water spring (Chashma) of Chaung at around 10:00 PM. If apprehended there, a large quantity of charas could be recovered from him. The information was deemed credible, but due to the delay in obtaining a warrant, there was a risk of Suresh Kumar (bail petitioner) escaping and the contraband being destroyed. 5. Accordingly, a written intimation under Section 42(2) of the ND&PS Act was prepared and sent to Dy SP (L&R) Shri Rajesh Kumar, who was on New Year duty in Manali. Since he was unavailable, the intimation was sent to Dy SP (HQ) Shri Mohan Rawat's office in Kullu through Ct. Hukam Chand No. 477 at around 8:00 PM from Sarasari Bazaar. 6. HC Jagdish Kumar No. 51 devised a plan with the available personnel and, along with the Informant, proceeded towards Chaung water spring in search of independent witnesses. At around 9:10 PM, near Chaung spring, no witnesses were found. HC Jagdish Kumar then called Shri Mehar Chand, the Up-Pradhan of GP Chaung, on his mobile (No. 98160-79006), introduced himself, and requested his presence at the spot. Shri Mehr Chand expressed his Inability to come due to illness but promised to send a responsible person. At around 9:10 PM, near Chaung spring, no witnesses were found. HC Jagdish Kumar then called Shri Mehar Chand, the Up-Pradhan of GP Chaung, on his mobile (No. 98160-79006), introduced himself, and requested his presence at the spot. Shri Mehr Chand expressed his Inability to come due to illness but promised to send a responsible person. He provided the contact number (78761-49028) of Ward Member Swetty, who was contacted but stated that she was in Manikaran and no one else was available at that late hour. 7. At 9:25 PM, HC Jagdish Kumar conducted reconnaissance of the area and sent Constable Ajay Kumar No. 444 to search for independent witnesses. Constable Ajay returned at 9:50 PM, reporting no success. The team then cordoned off the area near the spring. 8. At 10:00 PM, a person was seen approaching from the Jalugra side under the streetlight. When the police party shone a searchlight on him, he tried to flee but was apprehended after being identified by the informant as Suresh Kumar (bail petitioner). A backpack was found on him, which he could not satisfactorily explain. 9. At 10:10 PM, a vehicle (Pickup No. HP 66A 0355) was stopped, but its driver, Desh Raj, son of Shri Tikam Ram, resident of Village Channikhod, PO Jalugra, refused to be a witness, citing a prior involvement in a 15 KG charas case and a family emergency. 10. The backpack (black, two-strapped, with orange stripes and branded "Quechua") was searched, revealing 4 KG 80 GM of charas/cannabis wrapped in transparent plastic. The contraband was weighed, sealed in a cloth parcel with 6 seals of "SIU R5" and samples were taken in NCB-1 Form (Triplicate). The seizure memo was signed by witnesses Ct. Ajay Kumar and Ct. Tej Ram, as well as the accused Suresh Kumar (bail petitioner). 11. Suresh Kumar (bail petitioner) was arrested at 03:50 AM on 01.01.2023 near Chaung spring. His father, Ses Ram, was informed. A medical examination was conducted at CHC Jari, and the contraband was deposited in the malkhana under the seal of SHO Kulwant Singh ("T" seal). 12. On 02.01.2023, Top Bahadur Karki was arrested at 11:20 PM from Police Chowki Jari under Section 29 of the ND&PS Act after Suresh Kumar revealed that he had procured 2 KG of charas from him for 1,30,000 (unpaid). Call records confirmed frequent communication between them regarding the narcotics transaction. 13. 12. On 02.01.2023, Top Bahadur Karki was arrested at 11:20 PM from Police Chowki Jari under Section 29 of the ND&PS Act after Suresh Kumar revealed that he had procured 2 KG of charas from him for 1,30,000 (unpaid). Call records confirmed frequent communication between them regarding the narcotics transaction. 13. The contraband was sent to SFSL Junga, which confirmed it as "Extract of Cannabis (Charas)". CDR analysis corroborated their involvement. 14. Both accused were remanded to police custody until 05.01.2023. The chargesheet was filed on 28.03.2023 before the Additional District & Sessions Court, Kullu, where the trial is ongoing. Out of 25 prosecution witnesses, 13 have been examined. 15. On 22.02.2025, co-accused Top Bahadur did not appear before the trial Court. For his presence, bailable warrants were issued. Notices were also issued to the surety of Top Bahadur. The matter was posted thereafter for 26 th March, 2025. On 26.03.2025, Top Bahadur did not appear, however, the surety of Top Bahadur appeared. He was directed to produce the accused on the next date of hearing i.e. 08.05.2025. On 8.5.2025, the surety expressed inability to produce Top Bahadur (co-accused). 16. In view of the aforesaid, bail bonds furnished by Top Bahadur were cancelled. Proceedings under Section 446 of Cr.PC were initiated against the accused and his surety. Besides the aforesaid, co-accused Top Bahadar was directed to be served through proclamation under Section 82 of Cr.PC for 25.06.2025. In view of the aforesaid, it is evident that the trial Court proceedings on account of non-appearance of the co-accused have been stalled. There is no possibility of the conclusion of the trial in the immediate future. 17. In the aforesaid backdrop, learned counsel appearing on behalf of the petitioner has drawn the attention of this Court to judgment dated 18.10.2024 passed in Special Leave to Appeal Crl. Nos. 9737 of 2024 titled as Johnson vs. State of Rep. by the Inspector of Police, NIB-CID Police, Nib-Cid and to judgment passed in Special Leave to Appeal Crl. No. 16671/2024, decided on 10.01.2025 titled as Shambhulal Gurjar vs. State of Rajasthan. 18. In both the aforesaid cases, the quantity of contraband involved was commercial. The High Court had rejected the bail in both the cases on account of commercial quantity being involved in the cases. No. 16671/2024, decided on 10.01.2025 titled as Shambhulal Gurjar vs. State of Rajasthan. 18. In both the aforesaid cases, the quantity of contraband involved was commercial. The High Court had rejected the bail in both the cases on account of commercial quantity being involved in the cases. In the former case, the accused had been in custody since more three years, whereas in the latter, he had undergone one year and eight months of custody. In both the cases taking into account, the period spent by the bail petitioner had been enlarged on bail. 19. Other than the aforesaid, learned counsel has drawn the attention of this Court to judgment reported as 2023 (18) SCC 166 titled as Mohd. Muslim @ Hussain vs. State of (NCT of Delhi), wherein it has been held that grant of bail on account of undue delay in trial cannot be said to be fettered by Section 37 of the ND&PS Act given the imperative of Section 436A of the Erstwhile Code of Criminal Procedure. In the status report, no criminal antecedents of the bail petitioner have been alleged. 20. 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. The burden of his detention falls heavily on the innocent members of his family. 21. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 22. 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 preventative. As per the status report, bail petitioner is stated to be a resident of Village Dhara, Tehsil Jari & District Kullu H.P. In order to ensure his presence at trial stringent conditions can be imposed while granting bail. 23. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 24. 23. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 24. 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 case FIR No.01 of 2023, dated 01.01.2023, registered at Police Station, Sadar District Kullu, H.P., under Section 20 of the ND&PS Act shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.1,00,000/- (one lakh) 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. 25 . It is open for the Investigating Agency to move appropriate application in that regard. 25 . 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. 26. 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. 27. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail, Kullu H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 28. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail, Kullu H.P., is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent, District Jail, Kullu, District H.P, is further directed that if the petitioner fail 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. 29. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, District Jail, Kullu H.P. and the learned trial Court by FASTER. 30. 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.