The court clarified that pre-trial punishment is prohibited and that bail cannot be rejected as a form of punishment prior to a full trial.

Virender Singh, Judge

Applicant-Shashank Bisht has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as the ' BNS S '), with a prayer to release him on bail, during the pendency of trial, in case arising out of FIR No.17 of 2025, dated 22.01.2025, registered, under Section s 21 , 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act , (hereinafter referred to as the ‘NDPS Act’), and Section 132 and 121(1) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the BNS ), with Police Station, Dharamshala, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated by the Police in the present case and presently, he is in judicial custody.

3. The applicant has put forward the fact that except the present case, no other case has been registered against him.

4. As per the applicant, the investigation, in the present case, is complete and no useful purpose would be served by keeping him in judicial custody, as chances of commencement and conclusion of the trial against him, in near future, are not so bright.

5. Applicant has filed similar application before learned Special Judge-III, Kangra at Dharamshala, District Kangra, however, his application has been dismissed vide order dated 24.04.2025.

6. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail.

7. Learned counsel appearing for the applicant has submitted that the applicant is entitled for the relief of bail on the ground of parity also, as, his co-accused Ayush Soni, Jermanjeet Kaur and Shwetang Kumar Sahi, have already been released on bail, by this Court, vide orders dated 15.05.2025/23.05.2025, passed in Cr.MP(M) Nos.954, 1007 & 1123 of 2025.

8. On the basis of the above facts, a prayer has been made to allow the applications.

8. When put to notice, the police has filed the status report, disclosing therein, on 22.01.2025, HC Shashi Pal No.39, along with other police officials, was on patrolling duty in official vehicle No.HP39E-3253.

9.1. At about 12.50 a.m., in the midnight, when the I.O., along with other police officials, reached at Petrol Pump Sakoh, then he noticed a vehicle coming in the high speed from Gaggal side.

9.2. On seeing the police vehicle, driver of the said vehicle, all of a sudden take a cut and drove the vehicle at a very high speed towards Sakoh side, as such, the I.O. raised suspicion in his mind that some objectionable item could be there in the vehicle, as such, he directed the driver of his vehicle to chase the said vehicle, registration number of which was HP39B-9902.

9.3. When, the police vehicle was chasing the vehicle bearing registration No.HP39B-9902, its driver increased its speed, upon which, the I.O. informed SI Vijay Singh, who was already on patrolling, to intercept the said vehicle coming on the Sakoh road.

9.4. After chasing the said vehicle, the driver of the said vehicle drove the vehicle through Radio Colony link road towards Chilgadi, however, in that process, the vehicle struck against the RCC retaining wall. Thereafter, three boys were found to have alighted down from the vehicle, who ran towards Rodikut road side.

9.5. One boy was nabbed by ASI Vijay Singh, at a di