30.4.2026 vs State Of Hp on 7 May, 2026

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    Himachal Pradesh High Court

    Reserved On: 30.4.2026 vs State Of Hp on 7 May, 2026

                                                                                     2026:HHC:15097
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                  Cr. MP(M) No. 655 of 2026
                                                  Reserved on: 30.4.2026
                                                  Date of Decision: 7.5.2026.
    
    
        Vijender                                                            .... Petitioner
                                         Versus
        State of HP                                                         .... Respondent
    
    
        Coram
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1                   No.
    
        For the Petitioner                          :      Mr K.S. Gill, Advocate.
        For the Respondent/State                    :      Mr    Lokender   Kutlehria,
                                                           Additional Advocate General,
                                                           assisted by ASI Sukhvinder
                                                           Singh, IO, PS Sadar, Bilaspur,
                                                           HP.
    
        Rakesh Kainthla, Judge
    

    The petitioner has filed the present petition seeking

    regular bail in FIR No. 257 of 2023, dated 8.11.2023, registered at

    SPONSORED

    Police Station Sadar, Bilaspur, District Bilaspur, HP, for the

    commission of offences punishable under Sections 20, 25 and 29

    of the Narcotic Drugs and Psychotropic Substances Act (NDPS).

    1
    Whether reporters of Local Papers may be allowed to see the judgment? Yes.
    2

    2026:HHC:15097

    2. It has been asserted that, as per the prosecution, the

    police had set up a naka on 8.11.2023, at 1:15 PM, near Mandi

    Bharari towards Swarghat for checking the vehicles. The police

    stopped a vehicle bearing registration No. HR-11C-929. The

    occupants of the vehicle appeared to be frightened, and the police

    joined Roop Lal as an independent witness. The driver identified

    himself as Pradeep Kumar. The person sitting in the front seat

    revealed his names as Nittu, and the persons sitting in the rear

    seat revealed their name as Satish and Vijender (the petitioner).

    The police recovered 3.670 kg of charas from the vehicle. The

    police completed the formalities and arrested the occupants. The

    petitioner is currently lodged in Model Central Jail, Nahan. The

    matter is listed before the learned Trial Court on 18.5.2026 for

    recording the statements of prosecution witnesses. The

    prosecution has failed to ensure a speedy trial, and the petitioner

    is entitled to bail on this consideration. The petitioner had earlier

    filed a bail petition, which was registered as Cr. MP(M) No. 2325

    of 2025 and was dismissed as withdrawn on 8.1.2026. FIR No. 279

    of 2014 and FIR No.199 of 2018 were registered against the

    petitioner. FIR No. 279 of 2014 is pending, and the petitioner was

    acquitted in FIR No. 199 of 2018. Hence, the present petition.
    3

    2026:HHC:15097

    3. The petition is opposed by filing a status report

    asserting that the police had set up a nakka at Patta Four Lane on

    8.11.2023. They stopped a vehicle bearing registration No. HR-

    11C-9294 at 1.45 PM. The police asked the driver to produce the

    documents of the vehicle. The driver and other occupants

    appeared to be frightened. The police associated Roop Lal and

    enquired about the names of the occupants of the vehicle. The

    driver identified himself as Pradeep Kumar. The person sitting in

    the front seat revealed his name as Nittu, and the person sitting

    in the rear seat revealed their name as Satish and Vijender (the

    petitioner). The police searched the vehicle and recovered 3.670

    kilograms of cannabis. The police seized the cannabis and

    arrested the occupants of the vehicle. As per the result of the

    analysis, the exhibit was an extract of cannabis and a sample of

    charas. The police filed the charge sheet before the Court on

    04.05.2024. 10 witnesses out of 17 witnesses cited by the

    prosecution, have been examined. No other case has been

    registered against the petitioner. The petitioner would indulge in

    the commission of a similar offence in case of his release on bail.

    Hence, the status report.

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    2026:HHC:15097

    4. I have heard Mr. K.S. Gill, learned counsel for the

    petitioner and Mr Lokender Kutlehria, learned Additional

    Advocate General for the respondent-State.

    5. Mr. K.S. Gill, learned counsel for the petitioner,

    submitted that the Hon’ble Supreme Court has released the co-

    accused Nittu on bail in SLP (Crl.) No. 1404 of 2026, decided on

    2.4.2026. This Court has also released the co-accused Satish on

    bail in Cr.MP(M) No. 573 of 2026, decided on 29.4.2026. The

    petitioner is also entitled to bail on the principle of parity. The

    petitioner would abide by the terms and conditions that may be

    imposed by the Court. 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 he is likely to indulge in the

    commission of a similar offence in case of his release on 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.

    5

    2026:HHC:15097

    8. The parameters for granting bail were considered by

    the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC

    314: 2025 SCC OnLine SC 781, wherein it was observed at page 380:

    (i) Broad principles for the grant of bail

    56. InGudikantiNarasimhulu v. High Court of A.P., (1978) 1
    SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while
    elaborating on the content of Article 21 of the Constitution
    of India in the context of personal liberty of a person
    under trial, has laid down the key factors that should be
    considered while granting bail, which are extracted as
    under: (SCC p. 244, paras 7-9)
    “7. It is thus obvious that the nature of the charge is the
    vital factor, and the nature of the evidence is also
    pertinent. The punishment to which the party may be
    liable, if convicted or a conviction is confirmed, also
    bears upon the issue.

    8. Another relevant factor is whether the course of justice
    would be thwarted by him who seeks the benignant
    jurisdiction of the Court to be freed for the time being.

    [Patrick Devlin, “The Criminal Prosecution in England”

    (Oxford University Press, London 1960) p. 75 —
    Modern Law Review, Vol. 81, Jan. 1968, p. 54.]

    9. Thus, the legal principles and practice validate the Court
    considering the likelihood of the applicant interfering with
    witnesses for the prosecution or otherwise polluting the
    process of justice. It is not only traditional but rational, in
    this context, to enquire into the antecedents of a man who
    is applying for bail to find whether he has a bad record,
    particularly a record which suggests that he is likely to
    commit serious offences while on bail. In regard to
    habituals, it is part of criminological history that a
    thoughtless bail order has enabled the bailee to exploit the
    opportunity to inflict further crimes on the members of
    society. Bail discretion, on the basis of evidence about the
    6
    2026:HHC:15097

    criminal record of a defendant, is therefore not an exercise
    in irrelevance.” (emphasis supplied)

    57. In Prahlad Singh Bhati v. State (NCT of Delhi), (2001) 4
    SCC 280: 2001 SCC (Cri) 674, this Court highlighted various
    aspects that the courts should keep in mind while dealing
    with an application seeking bail. The same may be
    extracted as follows: (SCC pp. 284-85, para 8)
    “8. The jurisdiction to grant bail has to be exercised on the
    basis of well-settled principles, having regard to the
    circumstances of each case and not in an arbitrary manner.
    While granting the bail, the court has to keep in mind the
    nature of accusations, the nature of evidence in support
    thereof, the severity of the punishment which conviction
    will entail, the character, behaviour, means and standing
    of the accused, circumstances which are peculiar to the
    accused, reasonable possibility of securing the presence of
    the accused at the trial, reasonable apprehension of the
    witnesses being tampered with, the larger interests of the
    public or State and similar other considerations. It has also
    to be kept in mind that for the purposes of granting the bail
    the legislature has used the words “reasonable grounds for
    believing” instead of “the evidence” which means the
    court dealing with the grant of bail can only satisfy it (sic
    itself) as to whether there is a genuine case against the
    accused and that the prosecution will be able to produce
    prima facie evidence in support of the charge.” (emphasis
    supplied)

    58. This Court in Ram Govind Upadhyay v. Sudarshan Singh,
    (2002) 3 SCC 598: 2002 SCC (Cri) 688, speaking through
    Banerjee, J., emphasised that a court exercising discretion
    in matters of bail has to undertake the same judiciously. In
    highlighting that bail should not be granted as a matter of
    course, bereft of cogent reasoning, this Court observed as
    follows: (SCC p. 602, para 3)
    “3. Grant of bail, though being a discretionary order, but,
    however, calls for the exercise of such a discretion in a
    judicious manner and not as a matter of course. An order
    for bail bereft of any cogent reason cannot be sustained.

    7

    2026:HHC:15097

    Needless to record, however, that the grant of bail is
    dependent upon the contextual facts of the matter being
    dealt with by the court and facts do always vary from case
    to case. While the placement of the accused in society,
    though it may be considered by itself, cannot be a guiding
    factor in the matter of grant of bail, the same should
    always be coupled with other circumstances warranting
    the grant of bail. The nature of the offence is one of the
    basic considerations for the grant of bail — the more
    heinous is the crime, the greater is the chance of rejection
    of the bail, though, however, dependent on the factual
    matrix of the matter.” (emphasis supplied)

    59. In Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC
    528: 2004 SCC (Cri) 1977, this Court held that although it is
    established that a court considering a bail application
    cannot undertake a detailed examination of evidence and
    an elaborate discussion on the merits of the case, yet the
    court is required to indicate the prima facie reasons
    justifying the grant of bail.

    60. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14
    SCC 496: (2011) 3 SCC (Cri) 765, this Court observed that
    where a High Court has granted bail mechanically, the said
    order would suffer from the vice of non-application of
    mind, rendering it illegal. This Court held as under with
    regard to the circumstances under which an order
    granting bail may be set aside. In doing so, the factors
    which ought to have guided the Court’s decision to grant
    bail have also been detailed as under: (SCC p. 499, para 9)
    “9. … It is trite that this Court does not, normally, interfere
    with an order passed by the High Court granting or
    rejecting bail to the accused. However, it is equally
    incumbent upon the High Court to exercise its discretion
    judiciously, cautiously and strictly in compliance with the
    basic principles laid down in a plethora of decisions of this
    Court on the point. It is well settled that, among other
    circumstances, the factors to be borne in mind while
    considering an application for bail are:

    8

    2026:HHC:15097

    (i) whether there is any prima facie or reasonable
    ground to believe that the accused had committed the
    offence;

    (ii) nature and gravity of the accusation;

    (iii) severity of the punishment in the event of
    conviction;

    (iv) danger of the accused absconding or fleeing, if
    released on bail;

    (v) character, behaviour, means, position and standing
    of the accused;

    (vi) likelihood of the offence being repeated;

    (vii) reasonable apprehension of the witnesses being
    influenced; and

    (viii) danger, of course, of justice being thwarted by
    grant of bail.” (emphasis supplied)
    xxxxxxx

    62. One of the judgments of this Court on the aspect of
    application of mind and requirement of judicious exercise
    of discretion in arriving at an order granting bail to the
    accused is Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 :

    (2022) 2 SCC (Cri) 170, wherein a three-Judge Bench of this
    Court, while setting aside an unreasoned and casual order
    (Pappu Kumar v. State of Bihar, 2021 SCC OnLine Pat 2856
    and Pappu Singh v. State of Bihar, 2021 SCC OnLine Pat
    2857) of the High Court granting bail to the accused,
    observed as follows: (Brijmani Devi v. Pappu Kumar, (2022)
    4 SCC 497 : (2022) 2 SCC (Cri) 170]), SCC p. 511, para 35)
    “35. While we are conscious of the fact that liberty of an
    individual is an invaluable right, at the same time while
    considering an application for bail courts cannot lose sight
    of the serious nature of the accusations against an accused
    and the facts that have a bearing in the case, particularly,
    when the accusations may not be false, frivolous or
    vexatious in nature but are supported by adequate material
    brought on record to enable a court to arrive at a prima
    facie conclusion. While considering an application for the
    grant of bail, a prima facie conclusion must be supported
    by reasons and must be arrived at after having regard to
    9
    2026:HHC:15097

    the vital facts of the case brought on record. Due
    consideration must be given to facts suggestive of the
    nature of crime, the criminal antecedents of the accused, if
    any, and the nature of punishment that would follow a
    conviction vis-à-vis the offence(s) alleged against an
    accused.” (emphasis supplied)

    9. Hon’ble Supreme Court held in State of Rajasthan v.

    Balchand, (1977) 4 SCC 308: 1977 SCC (Cri) 594: 1977 SCC OnLine SC

    261 that the normal rule is bail and not jail, except where the

    gravity of the crime or the heinousness of the offence suggests

    otherwise. It was observed at page 308:

    2. The basic rule may perhaps be tersely put as bail, not
    jail, except where there are circumstances suggestive of
    fleeing from justice or thwarting the course of justice or
    creating other troubles in the shape of repeating offences
    or intimidating witnesses and the like, by the petitioner
    who seeks enlargement on bail from the Court. We do not
    intend to be exhaustive but only illustrative.

    3. It is true that the gravity of the offence involved is likely
    to induce the petitioner to avoid the course of justice and
    must weigh with us when considering the question of jail.

    So also, the heinousness of the crime….”

    10. The present petition has to be decided as per the

    parameters laid down by the Hon’ble Supreme Court.

    11. It is the admitted case of the prosecution that the

    petitioner was occupying the vehicle with the co-accused Nittu,

    who was released on bail by the Hon’ble Supreme Court on the

    ground that he had suffered incarceration since 13.11.2023, and
    10
    2026:HHC:15097

    the trial was nowhere near conclusion. The petitioner was

    arrested on 8.11.2023 as per the status report. If the co-accused

    arrested on 13.11.2023 was held entitled to bail because of the

    delay in the progress of the trial, the petitioner would also be

    entitled to bail on a similar ground on the principle of parity.

    12. The submissions made on behalf of the State that the

    petitioner was found in possession of a commercial quantity of

    charas and the rigours of Section 37 of the NDPS Act apply to the

    present case will not help the State because the petitioner is

    seeking bail on the ground of delay in the progress of the trial. It

    was laid down by the Hon’ble Supreme Court in Mohd. Muslim v.

    State (NCT of Delhi), (2023) 18 SCC 166: 2023 SCC OnLine SC 352,

    that the grant of bail on the ground of delay in the progress of

    trial cannot be said to be fettered by Section 37 of the NDPS Act.

    Moreover, the Hon’ble Supreme Court has granted bail to the co-

    accused, and the bail cannot be denied to the petitioner on the

    ground that he has not satisfied the twin conditions. This would

    violate the principle of parity in the present case.

    13. The Hon’ble Supreme Court had directed in Nittu

    (supra) that he is to be released on bail subject to the terms and
    11
    2026:HHC:15097

    conditions as may be imposed by the learned Trial Court. Since

    the bail is being granted to the petitioner on the principle of

    parity; therefore, similar conditions are to be imposed by the

    learned Trial Court on the petitioner as well.

    14. In view of the above, the present petition is allowed,

    and the petitioner is ordered to be released on bail on the

    conditions as the learned Trial Court may deem fit to impose in

    the facts and circumstances of the case.

    15. The petition stands accordingly disposed of. A copy of

    this order be sent to the Jail Superintendent, Model Central Jail,

    Nahan, HP and the learned Trial Court by FASTER.

    16. The observation made herein before shall remain

    confined to the disposal of the instant petition and will have no

    bearing whatsoever on the merits of the case.

    
    
    
                                           (Rakesh Kainthla)
                                                Judge
      7th May, 2026
          (Chander)
                                                     Digitally signed
                                                     by CHANDER
                                          CHANDER    SHEKHAR
                                          SHEKHAR    Date: 2026.05.07
                                                     13:07:24 +0530
     



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