IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP (M) No. : 2944 of 2025 Reserved on : 5^th January, 2026 Decided on : 8th January, 2026

Mahavir …Applicant

Versus

State of Himachal Pradesh …Respondent

Coram

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

Whether approved fuor reporting?1

For the applicant : Mr. Balram Sharma, Senior

Advocate with Mr. Sahil Malhotra,

Advocate.

For the respondent : Mr. Tejasvi Sharma, and Mr. H.S.

Rawat, Additional Advocates General, with Ms. Ranjna Patial & Mr. Rohit Sharma, Deputy

Advocates General.

Virender Singh, Judge

Applicant-Mahavir, has filed the present

application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of the trial arising out of FIR No.65 of 2024, dated 18.03.2024, registered under Sections 21, 29, 8C

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

and 27A of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Nalagarh, District SolanH, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, on the statement of Nand Lal, who is father of the main accused Suresh Kumar, in which, he has alleged to the police that the ucontraband belongs to the applicant and he has paid a sum of Rs.27,000/- to Suresh Kumar on

15.3.2024.

3. It is the further case of the applicant that there is alleged transaction of Rs.4,23,060/-, from 30.11.2023 to

17.03.2024.

i4. As per the applicant, he has no concern with the alleged crime and nothing has been recovered from his possession.

5. According to the applicant, investigation, in the present case is almost complete, as such, no useful purpose would be served by keeping him in the judicial custody that too for indefinite period.

6. As per the applicant, that the entire police story is totally improbable and appears to be concocted, just to falsely implicate the applicant, in the present case.

7. The applicant has also tried his luck before the learned Special Judge-II, Solan, Disftrict Solan, H.P., by moving Bail Application No.177-S/22 of 2024. However, the said application has beten dismissed, vide order, dated

03^rd October, 2024.

8. Thereafter, the applicant has approached this Court, by way of Cr.MP(M) No.2460 of 2024, which was also dismissed as withdrawn, vide order dated 13.11.2024 ahnd Cr.MP (M) No.2061 of 2025, which was also dismissed gas withdrawn on 16.09.2025.

i9. Apart from this, Mr. Balram Sharma, learned Senior Advocate assisted by Mr. Sahil Malhotra, 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.

11. When put to notice, the police has filed the status report disclosing therein, that on 18.3.2024, SDPO Nalagarh, along with other police officials, was present at village Vodala. They had put the picketing to preventing the trafficking of illicit lfiquor, in view of the ensuing Lok Sabha Election. They were checking the vehicles crossing from that tspot.

11.1. At about, 06.30. p.m., from Ratyod side, one person was noticed coming on foot, who, on inquiry, disclosed his name as Joginder Singh son of Shri Mast Ram. He has also disclosed that he is Ward Member of Whard No.11, of Gram Panchayat Dabhota.

g11.2. In the meanwhile, from Ratyod side, at about i6.35 p.m. one Pick-up vehicle bearing No.HP93-9431 Marka Tata Yodha, being driven by its driver, was found coming. The SDPO has signalled him to stop, but, the driver, at once tried to reverse the vehicle. Consequently, with the help of police officials, the vehicle was intercepted and was stopped. The driver was found to be perplexed.

11.3. On inquiry, the driver disclosed his name as Suresh Kumar son of Shr