The petitioner has filed the present petition seeking regular bail in FIR No. 17 of 2025, dated 31.1.2025, registered at Police Station Haroli, District Una, HP, for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

It has been asserted that the FIR has been registered on false facts. The petitioner has no concern with the offence.

The investigation is complete, and the petitioner’s custodial interrogation is not required. No fruitful purpose would be served by detaining the petitioner in custody. 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.

The petition is opposed by filing a status report asserting that the police party was on a patrolling duty on 31.01.2025. They received secret information at about 2:40 pm that petitioner Priyanka and her husband were transporting heroin in the bus bearing registration No. HP-72A-6039. The police reduced the information into writing and sent it to the SDPO Una. Police intercepted the bus and found the petitioner occupying Seat No. 22 and her husband occupying Seat No. 20. Her husband identified himself as Rahul, and the petitioner identified herself as Priyanka. The police searched Rahul and Priyanka in the presence of the driver and conductor. One polythene packet was recovered from the petitioner’s purse. The police checked the polythene packet and found 8.53 grams of heroin in it. The police arrested the petitioner and her husband and seized the heroin. The heroin was sent to the State Forensic Science Laboratory (SFSL), and it was confirmed to be a sample of Diacetylmorphine (heroin) after the analysis. FIR No. 287 of 2024, dated 15.9.2024 has been registered against the petitioner at Police Station, Sadar, Una, HP, which is pending before the Court. Challan was prepared and presented before the learned Special Judge, Una, HP, on 28.3.2025, and the matter is listed on 25.5.2026 for recording the statements of prosecution witnesses. The petitioner would intimidate the witnesses and would indulge in the commission of similar offences in case of her release on bail; therefore, the status report.

I have heard Mr Servedaman Rathore, learned counsel for the petitioner and Mr Jitender Sharma, learned Additional Advocate General for the respondent-State.

Mr Servedaman Rathore, learned counsel for the petitioner, submitted that the petitioner is innocent and she has been falsely implicated. The police had arrested the petitioner on 31.1.2025, and more than one year has elapsed since her arrest. As per the prosecution, 8.53 grams of heroin were recovered from the petitioner’s possession, and the petitioner has undergone a substantial part of the imprisonment that could be awarded to her in case of conviction. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

Mr Jitender Sharma, learned Additional Advocate General for the respondent/State, submitted that the petitioner has criminal antecedents and she would indulge in the commission of a similar offence in case of her release on bail. The petitioner had earlier filed a bail petition, which was dismissed by the Court on 21.6.2025. A subsequent bail petition lies only when there is a change in the circumstances. The petitioner has not shown any change in the circumstances, and she is not entitled to bail. Hence, he prayed that the present petition be dismissed.

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

It is undisputed that the petitioner had earlier filed a bail petition, which was registered as Cr.MP(M) Nos. 1282 of 2025 and 2701 of 2025 were dismissed by this Court on 21.6.2025 and 4.12.2025. It was held in the State of Maharashtra. Captain Buddhikota Subha Rao (1989) Suppl. 2 SCC 605, that