Ritesh Vs State of Hp

For the respondent : Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by HC Rajesh Kumar No. 123, Police Station Chopal, District Shimla, H.P.

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Virender Singh, Judge

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ApplicantRitesh has filed the present application

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under Section 483 of the Bharatiya Nagarik Suraksha

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Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for

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releasing him, on bail, during the pendency of the trial,

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arising out of FIR No. 51/2025, dated 16.07.2025, under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Chopal, District Shimla,

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H.P.

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The relief of bail has been sought on the ground

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that the applicant is innocent person and has falsely been implicated, in this case.

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According to the applicant, he has no concern whatsoever with the crime in question and the contraband allegedly shown to have been recovered is stated to be 996.290 grams charas, which, according to him, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the ND&PS Act are not applicable, in the present case.

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The applicant has further pleaded that he is also named as accused in another case bearing FIR No. 63/2023, dated 08.11.2023, registered under Section 20 of

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ND&PS Act, with Police Station Chopal.

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The applicant has earlier moved the bail application before the Court of learned Special Judge – II Shimla, H.P., however, the application was dismissed vide order dated 08.09.2025.

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The investigation, in the present case, is stated to be complete and according to the applicant, no useful purpose would be served by keeping him in judicial custody.

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Apart from this, Mr. Sandeep K. Pandey 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.

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

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When, put to notice, the police has filed the status report, disclosing therein, that on 16.07.2025, I.O. of the case has submitted the rukka, disclosing therein that SI/SHO Police Station Chopal, along with other police officials, was on patrolling duty and duty to prevent the

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crime, towards Khagana, Dhawas Kainchi, Sarah etc. side. At about 2:00 am in the midnight, when, he was present at Dhawas Kainchi, then, he received a secret information regarding the indulgence of Ritesh son of Sh. Hira Singh, in the illegal business of selling charas and according to the information, on 16.07.2025, he was moving towards Vikasnagar along with charas, from Saraha road on foot. As per the information, if he is nabbed, large quantity of charas would be recovered.

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9.1 According to the I.O., in case he obtains the search warrant, delay could be caused and in that eventuality, there was possibility of Ritesh (applicant) escaping from there. As such, the I.O. has prepared the information under Section 42(2) of ND&PS Act and due to paucity of staff, the same could not be sent to the Superior Officer, at that time.

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9.2 At about 2:50 am, I.O. noticed a person, as per the secret information received by him. He was having a micron envelope, in his right hand. He was nabbed and on inquiry, he disclosed his name Ritesh (applicant) son of Hira

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Singh. There was no habitation on the spot and it was night time and due to heavy rain, though efforts were made to associate independent witnesses, but, no one was present there. As such, I.O. associated C. Dinesh Kumar No. 608 and HHG Sanjeev Kumar No. 2/928, as witnesses and the said bag was checked.

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9.3 On checking, the bag was found to be containing two transparent envelopes having black substance, which, on smelling, on the basis of experience and as disclosed by Ritesh (applicant) was found to be charas. On weighing, it was found to be 996.290 grams.

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9.4 The codal formalities were completed. After registration of FIR, accused (applicant) was arrested. He was produced before the Court. The contraband was sent to FSL Junga, from where, positive report has been received.

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9.5 After the completion of investigation, charge sheet has been filed in the Court of learned District & Sessions Judge, Shimla on 10.09.2025 and the case is now listed for 18.09.2025, in the Court of learned ADJII Shimla, for the service of the accused.

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9.6 Highlighting the fact that applicant is earlier involved in the similar offence, prayer has been made to dismiss the application.

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The contraband, allegedly recovered, from the possession of the applicant does not fall within the category of commercial quantity, as such, rigors of Section 37 of ND&PS Act, are not applicable, in the present case.

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So far as the registration of other case against the applicant is concerned, neither, he has been convicted in the said case, nor the police has made any efforts to get the bail cancelled, in the above noted case. As such, in the absence of any conviction, the applicant cannot be kept in the judicial custody, that too, for indefinite period, as pre trial punishment is prohibited under the law.

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The investigation, in the present case, is complete. Meaning thereby, the custodial interrogation of the applicant is no longer required by the police, as, the police has taken the stand that the chargesheet has been filed in the competent Court of Law and case is now listed on 18.09.2025, for service, before the learned ADJII

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Shimla, District Shimla, H.P. From the said fact, it can be said that chances of commencement and conclusion of the trial, against the applicant, in near future, are not so bright.

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Moreover, pretrial punishment is prohibited under the law. The punishment also cannot be inflicted before the conclusion of the trial.

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At the time of deciding the bail application, detailed discussion about the merits of the case should be avoided, as the same should cause prejudice to the case of the prosecution, as well as, to the case of the accused.

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While deciding the bail application, the main focus of the Court should be on the seriousness of the offences, availability of the applicant for trial and apprehensions, if any, expressed by the police. Although, in the status report, no apprehension has been expressed by the police.

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In the given facts and circumstances of the case, this Court is of the view that the above apprehensions are too short to decline the relief to the applicant, as applicant Ritesh has been arrested, in this case, on 16.07.2025. This

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Court is of the view that no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period.

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Moreover, the applicant is permanent resident of District Shimla, as such it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial.

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Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

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Consequently, the applicant is ordered to be released, on bail, in case FIR No. 51/2025, dated

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16.07.2025, registered under Section 20 of the NDPS

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Act, with Police Station Chopal, District Shimla, H.P. , on

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his furnishing personal bonds in the sum of Rs. 50,000/, with one surety of the like amount, to the satisfaction of the learned trial Court.

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This order, however, shall be subject to the following conditions:

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“a) The applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application;

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b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

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c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and

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d) The applicant shall not leave the territory of India without the prior permission of the Court.”

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Any of the observations, made hereinabove, shall

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not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

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It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant.

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The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Kaithu, Shimla H.P. through email, with a direction to enter

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the date of grant of bail in the eprison software.

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In case, the applicant is not released within a

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period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail Kaithu, Shimla, H.P., is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, District Jail Kaithu, Shimla, H.P. is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.

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(Virender Singh)

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Judge

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10^th October, 2025

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( Pramod Kumar )

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Digitally signed by KALPANA KALPANA Date: 2025.10.10 15:00:54 +0000

Ritesh v. State of Hp

Case brief

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Ritesh v. State of Hp

Case brief

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