IN THE COURT OF LD.

SPECIAL JUDGE,
SOLAN, (H.P.)

Cr. M. P. (M) No: of 2023

Ashish
Petitioner

Versus

State of HP through Ld. Public Prosecutor

Respondent

INDEX

S. Annx Particular Page

No. Nos.
1) Bail Application alongwith 1-5
affidavit

2) Power of Attorney 6

Solan Petitioner

13.09.2023 Through
Naveen J. Dogra & Rihan P. Jhouta
Advocates
#95, Lawyers’ Chambers Judicial
Court Complex Chakkar, Shimla-5,
Tel: 09646-872000, 08894-889422
 IN THE COURT OF LD. SPECIAL JUDGE,
SOLAN, H.P.

Cr. M. P. (M) No: of 2023

Ashish S/o Late Sh. Chet Ram age about 29 years R/o
Vill. Shahun, Tehsil Kotkhai, District Shimla, (HP)
through next friend his brother Sh. Aman S/o Late Sh.
Chet Ram age about 29 years R/o Vill. Shahun, Tehsil
Kotkhai, District Shimla, (HP)

Petitioner

Versus

State of HP through Ld. Public Prosecutor

Respondent

Application under Section 439 of the

Criminal Procedure Code, 1973, with
a prayer to release the petitioner on
bail in case FIR No. 183/2023 dated,
04.09.2023 lodged with PS: Sadar,
District Solan, Himachal Pradesh,
under Sections 21 & 29 of the NDPS
Act 1985.

Solan Petitioner
13.09.2023 Through

Naveen J. Dogra & Rihan P. Jhouta

Advocates
#95, Lawyers’ Chambers Judicial
Court Complex Chakkar, Shimla-5,
Tel: 09646-872000, 08894-889422
MAY IT PLEASE YOUR LORDSHIPS:-

1. That the petitioner has been arrested in a case

bearing FIR No. 183/2023 dated, 04.09.2023
lodged with PS: Sadar, District Solan, Himachal
Pradesh., under Sections 21 & 29 of the NDPS
Act 1985 on 04.09.2023 by the police of PS Sadar,
District Solan and at present is in the judicial
custody. Briefly the facts are that on 03.09.2023
petitioner had gone to Parala Mandi for selling his
apple crop where he met one Mr. Kaushal Chauhan
who is known to the petitioner. Aforesaid Kaushal
Chauhan asked the bail petitioner to accompany
him to the Solan Mandi on the pretext that he has to
collect some payment from there. The petitioner
drove his car to Solan at the asking of Mr. Kaushal
Chauhan where Kaushal Chauhan requested to
petitioner to go little bit more toward Deonghat
where he met someone who is not known to the
bail petitioner. While returning back, before
reaching near Congress Bhawan at Solan some
persons who were not in the uniform pretending
themselves as Police Officials stopped the car.
After that they started checking the vehicle where
they found nothing and then they started checking
Kaushal Chauhan and found some contraband from
his possession. Personal search of the petitioner
 was also conducted but nothing suspicious was
recovered from the petitioner. The petitioner was
not aware of the fact that Kaushal Chauhan is in
conscious possession of some contraband. The
petitioner has been involved in a false and frivolous
case and has nothing to do with the commission of
aforesaid offence. The petitioner is not engaged in
any trade of manufactured drugs.
2. That the quantity of contraband alleged to have
been recovered from the possession of the accused
persons is less than commercial quantity, as such,
the rigors of Section 37 of the Narcotic Drugs and
Psychotropic Substance Act, 1985 are inapplicable,
and thus, the normal rules of bail shall apply and
the petitioner is entitled to be released on bail as
trial will take its own time to reach a conclusion
stage.
3. That the petitioner is an innocent person and
belongs to a well reputed family of the area. If the
petitioner is kept in custody for an indefinite
period, he will be led to unnecessary humiliation
and the family will face hardship. On the other
hand, the investigation of the police is complete
and no useful purpose is going to be served by
keeping the bail petitioner in judicial custody as it
will take time to complete the trial.
4. That the petitioner is a young boy of 29 years of
age and has his bright future at stake. The petitioner
deserves a chance of rehabilitation and reformation.
5. That the petitioner is the permanent resident of
above-mentioned address and has roots in the
society. In case the petitioner is enlarged on bail the
chances of fleeing from the justice are bleak.
Further, the applicant is not required for the
investigation purpose, therefore, no fruitful purpose
to be served if the petitioner is put behind the bar.
6. That the petitioner is ready and willing to furnish
surety and bail bonds to the satisfaction of the
Hon'ble Court and as will be directed by the
Hon'ble High Court.
7. That neither any recovery is to be affected from the
petitioner nor is the petitioner in a position to
temper with the prosecution evidence. The
petitioner will associate with the investigation
whenever required to do so.
8. That the petitioner undertakes to abide by the
conditions as envisaged in the CrPC or such further
conditions as lay down by this Hon'ble Court and
will fully co-operate the police in the
investigations.
9. That the petitioner further undertakes not to tamper
with any prosecution evidence or terrorize the
witnesses.
10. That the petitioner is a local resident of District
Shimla and thus his chances of fleeing from justice
is remote.
11. That the petitioner has filed no same or similar bail
application in any court for his release on bail.
12. That there is no previous criminal history of the
bail petitioner as he is not a habitual offender or
booked in any other criminal case.
It is, therefore, most respectfully prayed that
this application may kindly be allowed in the
interest of justice and the petitioner may kindly be
ordered to be released on bail in case FIR No.
183/2023 dated, 04.09.2023 lodged with PS: Sadar,
District Solan, Himachal Pradesh, under Sections
21 & 29 of the NDPS Act 1985 in the interest of
justice. Such other orders as deemed fit and proper
in the facts and circumstances of the case may
kindly also be passed in favour of the petitioner.

Solan Petitioner
12.09.2023 Through Counsel

Naveen J. Dogra & Rihan P. Jhouta

Advocate
 IN THE COURT OF LD. SPECIAL JUDGE,
SOLAN, (H.P.)

Cr. M. P. (M) No: of 2023

Ashish
Petitioner

Versus

State of HP through Ld. Public Prosecutor

Respondent
Affidavit in support of bail application
under Section 439 of the The Code of
Criminal Procedure, 1973.
I Aman S/o Late Sh. Chet Ram age about 27 years R/o
Vill. Shahun, Tehsil Kotkhai, District Shimla, (HP), do
hereby solemnly affirm and declare on oath as under:-

1) That the accompanying application has been

drafted by my counsel at my instance and under my
instructions.
2) That the contents of accompanying application in
paras 1 to 12 are true and correct to the best of my
personal knowledge and belief. No part of it is false
and nothing material is concealed in it.
3) That I further verify that the contents of this
affidavit are true and correct to the best of my
personal knowledge and belief.
Verified at Shimla on this the 13.09.2023.