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2026 Supreme(Online)(HP) 2227

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA


2026:HHC:14422


Cr. MP(M) No. 496 of 2026


Reserved on: 29.4.2026

Date of Decision: 5.5.2026.


Jagpal Singh …. Petitioner

Versus

State of HP …. Respondent


Coram

Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1Whether reporters of Local Papers may be allowed to see the judgment? Yes. No.


For the Petitioner : Mr Ravi Tanta, Advocate.

For the Respondent/State : Mr Lokender Kutlehria, Additional Advocate General.


Rakesh Kainthla, Judge

Petitioner Advocates:Ravi Tanta Shakti Bhardwaj ,Respondent Advocate: AG AG

The petitioner has filed the present petition seeking regular bail in FIR No. 138 of 2025, dated 15.8.2025, registered at Police Station Shimla West, District Shimla, H.P., for the commission of an offence punishable under Section 25(1)(a) of the Arms Act.

2. It has been asserted that the petitioner and co-accused Pradeep Kumar and Gurjit Singh were arrested by the police on 15.8.2025 for the commission of an offence punishable under Section 25(1)(a) of the Arms Act. The petitioner is in judicial custody. The petitioner is a young person aged 27 years belonging to a respectable family. The investigation is complete, and the charge sheet has been filed before the Court. The charges have been framed, and the matter was listed for the fixation of evidence on 20.4.2025. The police have cited 28 witnesses to prove their case. It would take some time to record the statements of witnesses, and the continued detention of the petitioner is not justified. The petitioner had approached this Court by filing a bail petition, which was registered as Cr.MP(M) No. 2707 of 2025 and was dismissed on 18.12.2025. FIR No. 90 of 2024, FIR No. 344 of 2022, and FIR No. 14 of 2025 are pending against the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing separate status reports asserting that the police were on patrolling duty on 15.08.2025. They received secret information at 12:00 p.m. that three persons were selling heroin in the building owned by Babu Ram. A huge quantity of heroin could be recovered by their search. The police reduced the information into writing and sent it to the supervisory officer. The police associated Diwakar Dev Sharma & Mehar Singh Negi and went towards the building. Pradeep Singh, Jagpal Singh (the present petitioner) and Gurjeet Singh were found present in the room. The police searched the room and recovered one pistol and eleven live cartridges. The occupants could not produce a license to possess the pistol. The police seized the pistol and arrested the occupants. The petitioner would intimidate the witnesses in case of his release on bail. The police filed the charge sheet before the learned Chief Judicial Magistrate, Shimla, on 14.10.2025 and a supplementary charge sheet on 4.3.2026. The matter was listed before the learned Trial Court on 20.4.2026. Hence, the status report.

4. I have heard Mr Ravi Tanta, learned counsel for the petitioner and Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State.

5. Mr. Ravi Tanta, learned counsel for the petitioner, submitted that the police have filed the charge sheet before the Court, and the pre-trial detention of the petitioner is not justified. The conclusion of the trial would take considerable time, and the petitioner’s continued detention is not justified. The petitioner is a young person and would abide by the terms and conditions that the Court may impose. No fruitful purpose would be served by detaining the petitioner in custody. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr. Lokender Kutlehria, learned Additional Advocate General for the respondent/State, submitted that the petitioner has criminal antecedents and is likely to commit a similar crime in case of his release on bail. The petitioner had earlier filed a bail petition, which was dismissed by the Court. The subsequent bail petition only lies when there is a change in the circumstances. The petitioner has not shown any change in the circumstances and is not entitled to bail. Hence, he prayed that the present petition be dismissed.

7. I have given a considerable thought to the submissions made at the bar and have gone through the records carefully.

8. It is undisputed that the petitioner had earlier filed a bail petition, which was registered as Cr.MP(M)

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