Lavesh Goyal Vs the State of Hp

The petitioner has filed the present petition seeking regular bail in FIR No. 120 of 2026, dated 14.06.2026, registered at Police Station West, District Shimla, for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

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It has been asserted that, as per the prosecution, the police were on a patrolling duty on 13.06.2026. They received

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

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secret information at 06.30 p.m. that the petitioner and two other persons were travelling in the vehicle bearing registration No. HP69-3351. They were transporting the heroin, and in case of their search, a huge quantity of heroin could be recovered. The police completed the formalities and stopped the vehicle at about 07.40 p.m. The police recovered 14.97 grams of heroin from beneath the foot mat of Abhinav Sharma. The police seized the heroin and arrested the occupants. The petitioner is a student, and he is pursuing his studies in the University Institute of Legal Studies, Ava Lodge, Chaura Maidan, Shimla. The petitioner was preparing for his examination, which was scheduled to be held with effect from 20.06.2026 to 04.07.2026. The petitioner was permitted to take the examination by the learned Special Judge, CBI Court, Shimla. The police have completed the investigation, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner is ready and willing to 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.

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The petition is opposed by filing a status report asserting that the police were on patrolling duty on 13.06.2026.

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They received secret information that Abhinav Sharma, Lavesh Goyal, the present petitioner, and Shivam Saraswal were bringing a huge quantity of heroin in the vehicle bearing registration No. HP-69-3351. One boy and his father were also sitting in the vehicle, but they did not know about the transportation of the heroin. The police completed the formalities and waited for the vehicle mentioned in the information. Vehicle bearing registration No. HP-69-3351 reached the spot at 07.40 p.m. The occupants revealed their names as Sanjay Gahloth and Tushar Gahloth, Abhinav Sharma, Lavesh Goyal and the driver revealed his name as Shivam Saraswal. The police searched the vehicle and recovered a polythene packet kept beneath the foot mat of Avinash Sharma. The police checked the polyethene packet and found 14.97 grams of heroin in it. The police seized the heroine and arrested Abhinav Sharma, Lavesh Goyal and the driver Shivam Saraswal. The heroin was sent to the FSL, and as per the report of analysis, it was found to be a sample of diacetylmorphine (heroin). The petitioner admitted during his interrogation that he had brought the heroin from Chandigarh. Heroin is adversely affecting the young generation. The name of the person from whom the heroin was purchased is yet to be ascertained. Hence, the status report.

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I have heard Ms Pritika Thakur, learned counsel for the petitioner and Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State.

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Ms Pritika Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The heroin was found beneath the foot mat of Avinash Sharma, and the petitioner cannot be imputed with its conscious possession. The petitioner is a student, and his career would be spoiled by detaining him in custody. Therefore, she prayed that the present petition be allowed and the petitioner be released on bail.

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Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State, submitted that the petitioner admitted during the interrogation that he had brought the heroin from Chandigarh. The main supplier is to be arrested. The heroin is adversely affecting the young generation, and the petitioner should not be released on bail. Hence, he prayed that the present petition be dismissed.

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

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8. The parameters for granting bail were considered by

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

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

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( i ) Broad principles for the grant of bail

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56. In Gudikanti Narasimhulu 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)

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“ 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.

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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.]

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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

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

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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)

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“ 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)

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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)

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“ 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.

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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 placement of the accused in the society, though it may be considered by itself, cannot be a guiding factor in the matter of grant of bail, and 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)

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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.

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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)

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“ 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 :

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

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( ii ) nature and gravity of the accusation ;

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

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

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

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( vi ) likelihood of the offence being repeated ;

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

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

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xxxxxxx

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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)

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“ 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 so as to enable a court to

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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 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)

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9 . The present petition has to be decided as per the parameters laid down by the Hon’ble Supreme Court.

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It is undisputed that five persons were sitting in the vehicle. The police released Sanjay Gahloth and Tushar Gahloth on the grounds that, as per the information, the heroin was being transported by Abhinav Sharma, Lavesh Goyal and Shivam Saraswal, and the other two persons did not know about the transportation of the heroin. This reasoning cannot be accepted. Information provided to the police is hearsay in nature and cannot be proved in a Court of law. Thus, no reliance can be placed upon the information received by the police to implicate or exonerate any person.

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The police are also relying upon the statement made by the accused during the interrogation that he had purchased the heroin from Chandigarh. However, this statement will not assist

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the prosecution. It was laid down by the Hon’ble Supreme Court in Dipakbhai Jagdishchandra Patel v. State of Gujarat, (2019) 16 SCC 547: (2020) 2 SCC (Cri) 361: 2019 SCC OnLine SC 588 that a statement made by an accused during the investigation is hit by Section 162 of Cr.P.C. and cannot be used as a piece of evidence. It was also held that the confession made by the co-accused is inadmissible under Section 25 of the Indian Evidence Act. It was observed at page 568: -

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44. Such a person, viz., the person who is named in the FIR, and therefore, the accused in the eye of the law, can indeed be questioned, and the statement is taken by the police officer. A confession that is made to a police officer would be inadmissible, having regard to Section 25 of the Evidence Act. A confession, which is vitiated under Section 24 of the Evidence Act, would also be inadmissible. A confession, unless it fulfils the test laid down in Pakala Narayana Swami [Pakala Narayana Swami v. King Emperor, 1939 SCC OnLine PC 1 : (1938-39) 66 IA 66: AIR 1939 PC 47] and as accepted by this Court, may still be used as an admission under Section 21 of the Evidence Act. This, however, is subject to the bar of admissibility of a statement under Section 161 CrPC. Therefore, even if a statement contains an admission, the statement being one under Section 161, it would immediately attract the bar under Section 162 CrPC.”

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Similarly, it was held in Surinder Kumar Khanna vs

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Intelligence Officer Directorate of Revenue Intelligence 2018 (8) SCC

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271 that a confession made by a co-accused cannot be taken as a substantive piece of evidence against another co-accused and can

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only be utilised to lend assurance to the other evidence. The Hon’ble Supreme Court subsequently held in Tofan Singh Versus State of Tamil Nadu 2021 (4) SCC 1 that a confession made to a police officer during the investigation is hit by Section 25 of the Indian Evidence Act and is not saved by the provisions of Section 67 of the NDPS Act. Therefore, no advantage can be derived by the prosecution from the confessional statement made by the coaccused implicating the petitioner.

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The heroin was found beneath the foot mat of Abhinav Sharma as per the status report. There is nothing to connect the petitioner to the commission of the crime, except his presence in the vehicle. If the presence of Tushar Gahloth and Sanjay Gahloth was not sufficient to connect them to the commission of the crime, the presence of the petitioner without any legally admissible material will not constitute any offence.

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It is undisputed that the petitioner is a student. Therefore, his career would be spoiled by detaining him in custody. It is not mentioned in the status report that the petitioner has criminal antecedents. The petitioner deserves a chance to reform himself. In case of his detention in custody, he would come

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into contact with hardened criminals, and his chances of reformation would be bleak.

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The petitioner is a permanent resident of District Bilaspur, which means that he has roots in the society. Therefore, there is no chance of his absconding. The police have completed the investigation, and no fruitful purpose would be served by detaining the petitioner in custody.

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In view of the above, the present petition is allowed, and the petitioner is ordered to be released on bail, subject to his furnishing bail bonds in the sum of ₹1,00,000/- with one surety in the like amount to the satisfaction of the learned Trial Court. While on bail, the petitioner will abide by the following conditions:

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(I) The petitioner will not intimidate the witnesses, nor will he influence any evidence in any manner whatsoever.

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(II) The petitioner shall attend the trial on each and every hearing and will not seek unnecessary adjournments.

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(III) The petitioner will not leave the present address for a continuous period of seven days without furnishing the address of the intended visit to the SHO concerned, the Police Station concerned and the Trial Court.

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(IV) The petitioner will surrender his passport, if any, to the Court; and

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(V) The petitioner will furnish his mobile number and social media contact to the Police and the Court and

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will abide by the summons/notices received from the Police/Court through SMS/WhatsApp/Social Media Account. In case of any change in the mobile number or social media accounts, the same will be intimated to the Police/Court within five days from the date of the change.

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It is expressly made clear that in case of violation of

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any of these conditions, the prosecution will have the right to file a petition for cancellation of the bail.

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The petition stands accordingly disposed of. A copy of this order be sent to the Jail Superintendent, Sub Jail Kaithu, District Shimla, H.P. and the learned Trial Court by FASTER.

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The observations made hereinabove are regarding the disposal of this petition and will have no bearing whatsoever on the merits of the case.

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(Rakesh Kainthla) Judge 17^th July, 2026 Digitally signed (Nikita) CHANDER by CHANDER SHEKHAR SHEKHAR Date: 2026.07.17 15:04:24 +0530

Lavesh Goyal v. the State of Hp

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Lavesh Goyal v. the State of Hp

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