IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP(M) No. 2658 of 2025 Reserved on : 07.01.2026 Decided on: 09.01.2026 Ram Lal …Applicant Verosus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?

For the applicant : Ms. Reeta Hingmang, Advocate.

hFor the respondent : Mr. Tejasvi Sharma, Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General.

Virender Singh, Judge Applicant Ram Lal 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, in case FIR No. 272 of 2023, dated 20.11.2023, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ND&PS Act), registered with Police Station Sadar Bilaspur District Bilaspur, H.P. f

2. According to the applicant, he is innocent person and has falsely been imtplicated in the present case, at the instance of the police.

3. According to the applicant, the investigation, in the present case, is complete and the police has filed the charge-sheet in the competent Court of Law.

h4. According to the applicant, there are 16 witnesses, cited by the prosecution, against him and during the period of about more than two years of his custody, only few witnesses could be examined.

5. According to him, the conclusion of the trial against him will take sufficient long time and no useful purpose would be served by keeping the applicant in the judicial custody.

6. The applicant has earlier tried his luck by moving the bail application before learned Special Judge Ghumarwin, however, the same was dismissePd vide order dated 19.09.2024.

7. Apart from this case, another case FIR No. 237 of 2020, under Section 20 of ND&PS Act, has already been registered against the applicant, which is pending before the competent Court of Law.

8. The applicrant has also filed Cr. MP(M) No. 685 of 2025, before this Court, which was dismissed as withdrawn, on 03.04.2025.

9. The delay in trial has been put forward, as one of the main grounds to seek the relief of bail, in the present case.

10. In support of her case, Ms. Reeta Hingmang, H Advocate, appearing for the applicant, has relied upon the decision of Hon’ble Supreme Court, rendered in SLP (Crl) 5191 of 2021 Satender Kumar Antil Vs CBI & Ors”; “SLP (Crl) 5530 of 2022 Mohammad Salman Hanif Shaikh Vs The State of Gujrat”; and decision of this Court in “Cr.MP(M) No. 1985 of 2023 titled as Deep Kumar Vs State of Himachal Pradesh & Ors.”.

11. On the basis of above facts, a pr.ayer has been made to allow the application for releasing the applicant on bail.

12. When put to notice, the police filed the status report, disclosing therein, that on 20.11.2023, ASI Pawan Kumar, I.O. Police Station Sadar Bilaspur, District Bilaspur, H.P. along with other police officials, was on the duty to picketing in the area of Police Station.

12.1 At about 6:40 pm, when, the I.O., while conducting the patrolling, reached at Mandi-Bharari Fourlane Chowk, where he laid naka and started checking the vehicles. During checking, I.O. checked about 10-15 vehicles, then, at about 7:40 pm, from Bagehar side, a white coloured Alto Car No. TO723HP8378F, being driven by its driver, reached there. The officials had given signal to stop the car, upon which, driver stopped the car on the side of the road. Only driver was found sitting in the car.

12.2 Meanwhile, one person came from Nauni side on foot, who was called by the I.O. and was asked to become witness, upon which, he agreed to become Pindependent witness. On enquiry, he disclosed his name as Ranjeet Singh son of Sh. Lekh Ram, at present Up-Pradhan Gram Panchayat Raghunathpura. He was associated in the investigation and in his presence, requisite papers from the driver were demanded, up on which, he became perplexed and requested the porlice