Vishal Thakur vs State Of H.P

Virender Singh, J

Applicant Vishal Thakur 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, arising out of FIR No. 10 of 2025, dated 24.1.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Kunihar, District Solan, H.P.

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.

As per the applicant, he is having deep roots in the society, as such, there is no likelihood of his fleeing away from justice.

According to the applicant, 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, in this case.

The applicant has tried his luck by moving bail application No. 21­ASJ­II/22 of 2025, before the Court of learned Special Judge­III, Solan, H.P., however, the same was dismissed on 20.3.2025.

Thereafter, he has filed the bail application before this Court, bearing Cr. MPM No. 1874/2025, which was also dismissed on 16.09.2025, on account of the fact that he has concealed his criminal history, whereas, in the present application, he has given the details of the cases, in para 10 of the bail application, according to which, FIR No. 132/2024, dated 01.08.2024, with Police Station West (Shimla), under Sections 21 & 29 of ND&PS Act, has been registered against him.

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, during the pendency of the trial.

Apart from this, the learned Counsel for the applicant has also sought relief of bail on the ground of parity that his co­accused has been granted bail by this Court in Cr. MP(M) No. 883 of 2025, vide order dated 5.5.2025.

On these submissions, a prayer has been made to allow the bail application.

When put to notice, the police has filed the status report, disclosing therein, that on 24.1.2025, HC Rajinder Kumar, alongwith other police officials, in a private vehicle, was on patrolling duty, and the duty to detect the crime, relating to excise. When, the

I.O. alongwith other police officials, was present, then, at a place known as ‘Talochi’, he received a secret information at about 6:10 p.m., regarding the fact that one Himanshu is coming in a vehicle bearing registration No. HP11A­8690 Maruti 800 (white coloured) from Kunihar side, and in case, the said vehicle is checked, a large quantity of chitta (heroin) could be recovered. The said information was found to be authentic and reliable. As such, provisions of Section 42(2) of the NDPS Act have been complied with by submitting a report to the Supervisory Officer.

10.1 Thereafter, the I.O. associated one Pritam in the investigation of the case and put the picketing at a place near Badori. At about 6:25 p.m., the I.O. noticed the aforesaid vehicle coming from Kunihar side. The vehicle was signaled to stop.

10.2 The driver of the vehicle was apprised about the secret information. Thereafter, his name and address was inquired. On inquiry, he disclosed his name as Himanshu Chauhan S/o Amar Prakash Chauhan. Thereafter, the vehicle was searched. During search of the vehicle, under the lid of petrol tank, one transparent plastic pouch was found, which was found containing stone shaped brown coloured substance. The said substance, on the basis of experience, was found to be chitta/heroin. On weighment, the said chitta was found to be 17 grams. Other codal formalities were completed. Thereafter, ruqua was submitted. Applicant was arrested and the vehicle in question was taken into possession.

10.3 During investigation, the applicant has disclosed that he used to purchase chitta from applicant Vishal for the last 5­6 years and said Vishal (applicant) used to sell chitta, sometime by calling him to Chandigarh and sometime by calling him to some Hotel.

10.4 It is the further stand of the Police that applicant disclosed, during investigation, on 22.1.2025 that said Vishal (applicant) sold chitta, so recovered, to him at Zirakpur­Chandigarh Highway, upon which, a team was constituted to search for Vishal (applicant). Himanshu was also taken by the police team.

10.5 As per the further stand of the Police, when, the visitor register of the Hotel Sky was searched, then, it was found that in room No. 203, one Vishal Thakur (applicant) is staying in the said Hotel. Said Vishal Thakur (applicant), alongwith one girl, namely Meenakshi, was found staying in the said room. When, the room was searched, then one rucksack belonging to applicant Vishal Thakur, containing 122.24 chitta/heroin and a sum of Rs. 48,790/­ (cash) was found, which was taken into possession. Thereafter, Section 29 of the NDPS Act was added, in this case. Thereafter, aforesaid Meenakshi was also bound down by serving notice under Section 35(3) of BNS upon her. On 7.3.2025, said Meenakshi was also arrested. After receiving positive report from the SFSL, Junga, the Police filed the charge sheet.

10.6 As per the status report, FIR No. 132 of 2024, dated 2.8.2024, under Section 21 of the ND & PS Act, has been registered, against the applicant, with the Police Station, Boileauganj, Shimla, which is pending adjudication.

10.7 On the basis of above facts, a prayer has been made to dismiss the bail application.

In this case, investigation is complete and the contraband, so recovered, does not fall within the definition of ‘commercial quantity’, as such, rigors of Section 37 of the ND&PS Act are not applicable, in the present case.

So far as the registration of another case, i.e. FIR No. 132/2024, dated 02.08.2024, against the applicant is concerned, admittedly, in the said case, the applicant has not been convicted by the competent Court of Law. Moreover, the status report is totally silent about the steps taken by the police to get the bail, in the said case, cancelled by moving appropriate application. As such, in the absence of any conviction, the applicant cannot be kept in the judicial custody, that too, for indefinite period, as pre­trial punishment is prohibited under the law.

Another fact, which has also been highlighted by the learned Counsel for the applicant that co­ accused has also been released on bail and chances of conclusion of the trial, against the applicant, in near future, are not so bright.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

Consequently, the applicant is ordered to be released, on bail, in case FIR No. 10/2025, dated 24.01.2025, registered under Sections 21 & 29 of the ND&PS Act, with Police Station Kunihar, District Solan, H.P., on his furnishing personal bonds in the sum of Rs. 50,000/­, with one surety of the like amount each, to the satisfaction of the learned trial Court.

This order, however, shall be subject to the following conditions:­

“a) The 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 the appropriate application;

b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court.”

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.

It is made clear that the respondent­State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail Nahan, H.P. through e­mail, with a direction to enter the date of grant of bail in the e­ prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail Nahan, H.P., is directed to inform this fact to the Secretary, DLSA, Sirmaur at Nahan. The Superintendent of Jail, Model Central Jail Nahan, 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.