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Himachal Pradesh High Court · body

2025 DIGILAW 88 (HP)

Suryansh Sharma v. State of Himachal Pradesh

2025-01-07

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. The above titled bail applications are being disposed of by a common order, as applicants have filed the present applications, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing them, on bail, during the pendency of the trial, in case FIR No. 295 of 2024, dated 26.12.2024, rgistered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ND & PS Act), with Police Station, Sunder Nagar, District Mandi, HP. 2. The applicants have pleaded that they are innocent persons and have falsely been implicated in the present case, as they have no concern whatsoever with the offence, for which, they have been arrested, by the police. 3. The applicants have pleaded that the contraband, allegedly shown to be recovered from them, is 220 grams of heroin, which according to them, does not fall within the definition of ‘commercial quantity’. 4. Investigation, in the present case, is stated to be complete. 5. Apart from this, the applicants have sought indulgence of this Court on the ground that their industrial training is scheduled to be held w.e.f.4.1.2025 to 24.1.2025. 6. On the basis of above facts, Mr. Kamal Kant Chandel, Advocate has given certain undertakings, on behalf of the applicants, which, they are ready to abide by, in case ordered to be released, on bail. 7. On these submissions, a prayer has been made to allow the bail applications. 8. When put to notice, the police has filed the status report, disclosing therein, that on 26.12.2024, HC Surender Kumar, No. 60 alongwith other Police officials was on patrolling duty. When, they were present at a place, known as, ‘Dehvi’ he noticed a white coloured car bearing registration No. HP 82-7581, upon which, the I.O. signalled the same to stop. The driver of the car was asked to show the requisite documents, upon which, he got perplexed, due to which, a suspicion got developed in the mind of I.O. and he searched the car. During search of the car, 220 grams of charas was found. 8.1 On inquiry, driver of the car disclosed his name as Nitish Kumar (applicant in Cr.MP(M) No. 32 of 2025) and the person sitting by his side, disclosed his name as Suryansh Kumar (applicant in Cr.MP(M) No. 31 of 2025). Other codal formalities were completed. During search of the car, 220 grams of charas was found. 8.1 On inquiry, driver of the car disclosed his name as Nitish Kumar (applicant in Cr.MP(M) No. 32 of 2025) and the person sitting by his side, disclosed his name as Suryansh Kumar (applicant in Cr.MP(M) No. 31 of 2025). Other codal formalities were completed. After registration of the FIR, the applicants were arrested. 8.2 It is the specific case of the Police that except the present case, no other case has been registered against the applicants. Result from the SFSL is still awaited. 9. On the basis of above facts, a prayer has been made to dismiss the present applications. 10. Heard. 11. The applicants are young men, aged about 20 years. At the young age of 20 years, if the applicants are ordered to be kept in judicial custody, that too, in the company of hardened criminals, it will adversely affect their future. 12. Contraband, allegedly recovered, in the present case is of intermediate quantity. As such, rigors of Section 37 of the NDPS Act are not applicable to the facts of the present case. 13. Investigation, in the present case, is complete. Meaning thereby, custodial interrogation of the applicants is no longer required by the Police. 14. Except the present case, no other case is stated to have been registered against the applicants, as such, presumption of innocence is still available to the applicants. 15. The bail applications cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial. 16. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed. 17. The applicants are ordered to be released on bail in case FIR No. 295 of 2024, dated 26.12.2024, under Sections 20-25-29 of the NDPS Act, registered with Police Station, Sundernagar, District Mandi, H.P., on their furnishing personal bond in the sum of Rs. 30,000/- each, with one surety each, in the like amount, to the satisfaction of learned ACJM/JMFC, stationed at Sundernagar, District Mandi, H.P. 18. 30,000/- each, with one surety each, in the like amount, to the satisfaction of learned ACJM/JMFC, stationed at Sundernagar, District Mandi, H.P. 18. This order, however, shall be subject to the following conditions:- a) They shall make themselves 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) They shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) They 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) They shall not leave the territory of India without the prior permission of the Court. 19. 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. 20. 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. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Mandi, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. 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, Mandi is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent of the District Jail, Mandi is further directed that if the applicants fail 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.