IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP(M) No. : 1673 of 2025 Reserved on : 11.08.2025 Decided on : 19.08.2025 Aman …Applicant Versus State of Himachal Pradesh …Respondent Coram t The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?

For the applicant : Mr. Vijender Katoch, Advocate.

For the Crespondent : Mr. H.S. Rawat, Additional Advocate General with Mr. Rohit Sharma, Deputy Advocate General.

Virender Singh, Judge By way of the present application, filed under HSection 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Aman has sought his release, on bail, during the pendency of the trial, arising out of FIR No.42 of 2023, dated 16.03.2023, under Sections 15, 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), registered with Police Station Indora, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, and has been arrested. Thef investigation is also stated to be completed and nothing is stated to be recovered from the applicantt or at his instance.

3. As per the applicant, he is in judicial custody from the date of his arrest and the chances of conclusion of the trial against him, in near future, are not so bright.

4. The main ground, upon which, the relief, as chlaimed, has been sought, is that as per the evidence, gwhich has been recorded, till date, nothing has been found, iagainst the applicant. In this regard, the applicant has relied upon the statements of PW-1 to PW-16.

5. Another ground upon which, the bail application has been filed is prolonged pre-trial incarceration and slow pace of trial.

6. The applicant had earlier tried his luck by moving bail application, before the Court of learned Special Judge-I, Kangra at Dharamshala, H.P., however, his application was dismissed, vide order dated 18.03.2024.

7. Learned counsel for the applicant has given certain undertakings, for which, the applicant is ready to abide by, in case, ordered to be releasfed on bail, during the pendency of the trial.

8. The relief of batil has also been sought on the ground of parity, as, his co-accused Sonu, whose bail application was rejected by this Court, on 21.12.2024, has been released on bail, by the Hon’ble Supreme Court vide order dated 09.07.2025.

9h. On the basis of the above facts, a prayer has gbeen made to allow the application.

i10. When, put to notice, police has filed the status report, disclosing therein, that on 15.03.2023, ASI Chaman Singh, along with other police officials, was on patrolling duty and duty, regarding detection of crime.

10.1. At about 10:00 pm, when the IO, along with police officials, was present near SDM Office, Indora, then, he received secret information, regarding the fact that one white Alto car, bearing No.HP12-J-7996, being driven by the driver, is moving from Kathgarh to Indora, in which, two boys, namely Aman and Shibba, are travelling and both of them are indulged in selling chitta/heroin and as per the information, if the said car is intercepted and checked, then, large quantity of chfitta/heroin could be recovered.

10.2. Upon the saidt information, IO has complied with the provisions of Section 42(2) of the NDPS Act and has submitted the report to SDPO, Nurpur, through Constable Paramjeet. Subsequently, he has associated two local persons, namely Mohan Singh and Roshan Lal. Thhereafter, the police has put the picketing on the road, at ga distance of about 50 mts from SDM Office.

i10.3. It is the case of the police that at about

10:35pm, from Kathgarh side, the car, as mentioned in the secret information, being driven by its driver, reached there. Apart from the driver, one other person was also found sitting on the co-driver seat of the car. On seeing the vehicle, the driver of the car was signaled to stop the car, who had parked the same on the side of the road.

10.4. Thereafter, names an