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2025 DIGILAW 257 (HP)

Ajay Kumar v. State of H. P.

2025-03-03

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant Ajay Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS ’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 54 of 2024, dated 26.12.2024, registered under Section 20 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND & PS Act), with Police Station, Nerwa, District Shimla, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. It is the further case of the applicant that he is having deep roots in the society, and in case, he is ordered to be released on bail, he is ready to abide by any conditions, to be imposed by this Court. 4. Contraband, allegedly recovered from the possession of the applicant, is stated to be non commercial quantity. These facts have been highlighted to show that rigors of Section 37 of the NDPS Act are not applicable in this case. 5. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this court, in case, he is ordered to be released on bail. 6. On these submissions, a prayer has been made to allow the bail application. 7. When put to notice, the police has filed the status report, disclosing therein, that on 26.12.2024, the applicant was allegedly found in possession of 668 grams charas, when, he was moving from Jhiknipul side towards Newati, on foot. As per the status report, on seeing the Police party, which was on the spot, under the leadership of ASI Ramesh Chand, the applicant got perplexed. 7.1 After registration of the FIR, the applicant was arrested. The contraband, so recovered from the possession of the applicant, was sent to the SFSL, Junga, from where, positive report has been received. 7.2 On the basis of above facts, a prayer has been made to dismiss the bail application. 8. Contraband, allegedly recovered, 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 to the facts of the present case. 9. 7.2 On the basis of above facts, a prayer has been made to dismiss the bail application. 8. Contraband, allegedly recovered, 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 to the facts of the present case. 9. The applicant is permanent resident of District Shimla. As such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial. 10. Chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 11. Except the present case, no other case is stated to have been registered against the applicant, as such, presumption of innocence is still available to the applicant. 12. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial. 13. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 14. Consequently, the applicant is ordered to be released on bail in case FIR No. 54 of 2024, dated 26.12.2024, registered under Section 20 of the NDPS Act, with Police Station, Sadar, Hamirpur, on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned Special Judge, Rohru/ ACJM, Rohru. 15. This order, however, shall be subject to the following conditions:- a) Applicant shall make herself 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) 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. 16. 16. 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. 17. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 18. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Kaithu, Shimla, H.P., through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 19. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Kaithu, Shimla, H.P. is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the District Jail, Kaithu, Shimla, 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.