IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2312 of 2025 Reserved on: 09.10.2025 Date of Decision: 17.10.2025 Toni …Applicant Versus State of H.P. ...Respondent Coram:

The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1 For the applicant : Mr. Vijender Katoch, Advocate.

For the respondent : Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General.

Virender Singh, Judge Applicant-Toni, has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No.91 of 2025, dated 22.05.2025, registered under Sections 109, 132, 121(1), 324(4) read with Section 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Indora, District Kangra, H.P.

1 Whether reporters of Local Papers may be allowed to see the judgment?

2. According to the applicant, he is innocent person and has falsely been implicated, in this case, as he has no concern, whatsoever with the crime in question.

3. Investigation, in the present case, is stated to be completed, as the police has filed the charge sheet, in this case.

4. The applicant had earlier tried his luck by moving similar bail application, before this Court, however, the said application was dismissed as withdrawn, vide order dated 05.08.2025.

5. Thereafter, he had preferred the bail application, before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P. However, the same has also been dismissed on 09.09.2025.

6. Prior to this, he has also filed the similar bail application, before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P., which was also dismissed on 22.07.2025.

7. Apart from this, the applicant has also pleaded that he is ready to abide by any condition, imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial.

8. The applicant has also pleaded the details of the cases, which have been registered against him, which are reproduced as under:-

(i) FIR No.14/2006, dated 18.01.2006, under Section

39(1) of H.P. Excise Act, Police Station Indora.

(ii) FIR No.82/2007, dated 01.09.2007, under Section (1) of H.P. Excise Act, Police Station Indora.

(iii) FIR No.219/2012, dated 18.07.2022, under Section 341, 323, 504, 506, 34 of IPC, Police Station Indora, the matter was compromised.

(iv) FIR No.147/2025, dated 24.07.2015, under Section 15-61-85 of NDPS Act, Police Station Indora.

(v) FIR No.305/2016, under Sections 21, 29 of NDPS Act, Police Station Indora.

(vi) FIR No.70/2019, dated 22.07.2019, under Section 147, 149, 353, 332, 341, 186, 225B, 384, 511 of IPC, Police Station Indora, the petitioner was acquitted.

(vii) FIR No.95/2009, dated 16.03.2009, under Section 395, 411 of IPC, Police Station Indora, the petitioner was acquitted.

(viii) FIR No.74/2009, dated 10.08.2009, under Sections 399, 402, 379, 411 of IPC Police Station Indora. The petitioner was convicted for 2.5 months and fine of Rs.5,000/-

(ix) FIR No.47/2010, dated 11.04.2010, under Sections 379, 411 of IPC Police Station Indora. The petitioner was convicted for 4 months and fine of Rs.300/-

(x) FIR No.77/2013, dated 24.10.2013, under Sections 15-61-85 of NDPS Act, Police Station Indora, the petitioner was acquitted.

(xi) FIR No.44/2019, dated 07.09.2019, under Sections 21-61-85 of NDPS Act, Police Station Indora. (xii) FIR No.36/2023, dated 16.09.2023, under Section 21, 22 of NDPS Act, Police Station Indora.

9. On the basis of the above facts, Mr. Vijender Katoch, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

10. On the basis of the above facts, a prayer has been made to allow the application.

10.1. When, put to notice, the police ha