Allowed¶23

Kamal Kumar v. State of Hp

Himachal Pradesh HC17 Jul 2026CRMPM/1252/2026

Case brief

AI extract

What is this about?

Cr.MP(M) No. 1252 of 2026; High Court of Himachal Pradesh, Shimla; Romesh Verma, Judge; interim bail; NDPS Act Sections 20 & 29; FIR No. 24 of 2026 dated 31.01.2026; Police Station Sadar, Bilaspur; medical emergency; ailing bedridden father; PGI/PGIMER Chandigarh referral; Gram Panchayat Kirpalpur certificate; personal bond Rs. 1,00,000; bail till 28.07.2026; surrender undertaking; bail conditions; cancellation on violation.

What did the court decide?

Interim bail granted till 28.07.2026 on furnishing personal bond of Rs. 1,00,000/- with one surety in the like amount, subject to conditions including surrender on 28.07.2026 on or before 2:00 PM; petition disposed of along with pending applications. ¶23

Kamal Kumar Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, currently in custody in connection with FIR No. 24 of 2026 under Sections 20 & 29 of the NDPS Act, should be granted interim bail for the purpose of taking care of and arranging the medical treatment of his ailing father, Sh. Inder Singh.

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Court's answer

The petition is allowed and the petitioner is enlarged on interim bail till 28.07.2026, subject to furnishing a personal bond in the sum of Rs. 1,00,000/- with one surety in the like amount, with an undertaking to surrender on 28.07.2026 on or before 2:00 PM.

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Ratio / Principle

Release on interim bail is conditioned on surrender before the concerned Jail Superintendent/Incharge at or before 2.00 PM on 28.07.2026, along with further conditions restricting movement to places required for the stated purpose, abstention from similar offences, non-misuse of liberty, non-absconding, and informing the police station of any change of address.

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Key takeaways

In case the applicant violates any conditions imposed upon him, the interim bail shall be liable to be cancelled, and the prosecution may approach the competent Court for cancellation in accordance with law.ratio¶32

Detailed headnote1 paragraphs

Interim bail granted till 28.07.2026 to a petitioner in custody under Sections 20 & 29 NDPS Act (FIR No. 24 of 2026, PS Sadar, Bilaspur) for the sole purpose of caring for his bedridden father aged over 75 years, referred for treatment to PGIMER, Chandigarh; release subject to personal bond of Rs. 1,00,000/- with one surety in the like amount, undertaking to surrender on or before 2:00 PM on 28.07.2026, restrictions on movement, and standard conditions; violation of conditions renders the interim bail liable to cancellation.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MP(M) No. 1252 of 2026

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Date of decision: 17.07.2026.

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Kamal Kumar ...Petitioner.

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Versus

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State of H.P. ...Respondent.

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Coram:

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The Hon’ble Mr. Justice Romesh Verma, Judge .

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Whether approved for reporting?¹

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For the petitioner : Mr. Rajesh Kumar Parmar, Advocate. For the respondent : Mr. Manish Thakur, DAG with HC Vikas No. 23, PS, Sadar, Bilaspur, H.P.

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Romesh Verma, Judge (Oral):

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The instant petition is filed for the grant of interim bail for the purpose of taking care of and arranging the medical treatment of the father of the petitioner, namely, Sh. Inder Singh.

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Learned counsel for the petitioner submits that he has filed instant petition for grant of regular bail in case FIR No. 24 of 2026 dated 31.01.2026, registered at Police Station, Sadar, District Bilaspur under Sections 20 & 29 of NDPS Act along with application bearing Cr.MP No. 2873 of 2026 for grant of interim bail. Further, he submits that he shall confine

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

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his arguments and prayer only with respect to grant of an interim bail.

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It has been stated in the application that the father of the petitioner is paralyzed and is seriously ill and is bedridden for the last ten years. It is contended by the learned counsel for the petitioner that the petitioner is the only son and on account of FIR No. 24 of 2026, dated 31.01.2026, registered under Sections 20 and 29 of the NDPS Act at Police Station Sadar, Bilaspur, he is currently in custody and there is no one in the family to look after his ailing father. 4. It has been further contended by the learned counsel for the petitioner that the father of the petitioner is more than 75 years old and there is no one to look after him, especially to take him to the PGI, Chandigarh, as per the referral made by Gagan Hospital, which has been placed on record as Annexure P-1.

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The learned counsel for the petitioner has placed on record a copy of the certificate issued by the Pradhan of Gram Panchayat, Kirpalpur, Block Nalagarh, District Solan, H.P., which states that the father of the petitioner is seriously ill and the doctors have referred him for treatment to PGIMER, Chandigarh.

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It is stated in the certificate that there is no one to

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look after the father of the petitioner and there is no independent source of income for the said purpose. The Pradhan of the Gram Panchayat has certified that being the only son of Sh. Inder Singh, the presence of the petitioner is required for this medical emergency.

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This Court had issued notice to the State to file the status report on 17.07.2026. Today, the learned Deputy Advocate General, representing the State has filed the status report. As per the status report, it is confirmed that the doctors have advised and referred the patient to PGI Chandigarh for medical treatment.

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Admittedly, the father of the petitioner is seriously ill and has been bedridden for the last ten years. Keeping in view the fact that the doctors have advised and referred him to be treated at PGI, Chandigarh and considering the attending facts and circumstances of the case, the present petition is allowed. The petitioner is ordered to be enlarged on interim bail till 28.07.2026, subject to his furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees one lakh) with one surety in the like amount to the satisfaction of the learned trial Court or the concerned Jail Superintendent, undertaking therein that the applicant shall surrender on 28.07. 2026 on or before 2:00 PM before the concerned Jail Superintendent/Officer-in-Charge of

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the jail from where the petitioner is to be released, failing which, appropriate action against him and his surety shall be initiated, with the following conditions:-

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i) That the applicant is enlarged on interim bail till 28.07.2026 on furnishing and acceptance of personal bond with direction to him to surrender before concerned Jail superintendent/Incharge, wherefrom he is released, at or before 2.00PM on 28.07.2026;

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ii) the applicant shall not visit anywhere except the place(s) where his presence is required for the purpose narrated supra;

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iii) the applicant shall not commit the offence similar to the offence for which he has been arrested;

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iv) the applicant shall not misuse his liberty in any manner;

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v) the applicant shall not jump over the bail;

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vi) he shall keep on informing change of address or place of stay, if any, to the concerned Police Station.

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In case the applicant violates any conditions imposed upon him, interim bail shall be liable to be cancelled.

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In such eventuality, prosecution may approach the competent Court of law for cancellation of interim bail, in accordance with law.

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The petition stands disposed of, along with any

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pending applications.

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Digitally signed by KHEM RAJ THAKUR KHEM DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= b3bb0330a36091c417dc6aa42212c14 caec7825ba4158459325bd600d273f5 RAJ 8b, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= 6aa9db3b3e85e608387fb6f0fa0bb2ddacd2e1b82f232ca3c0adea331da3398 (Romesh Verma) THAKU 3, CN=KHEM RAJ THAKUR Reason: I am the author of this document Judge Location: 12345678 R Date: 2026.07.17 18:11:53+05'30' Foxit PDF Reader Version: 2025.2.0

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17^th July, 2026.

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(kck)

Kamal Kumar v. State of Hp

Case brief

What is this about?

What did the court decide?

Kamal Kumar v. State of Hp

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

Procedural history

Parties & counsel

Coram

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