Ashu Vs State of Hp

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. MP (M) No. 245 of 2026. Reserved on: 06.03.2026. Date of Decision: 13.03.2006

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Ashu ...Petitioner Versus State of Himachal Pradesh ...Respondent

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Coram

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Hon’ble Mr Justice Rakesh Kainthla , Judge. Whether approved for reporting?¹ No.

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For the Petitioner For the Respondent/State	: Mr Gurdev Negi, Advocate. : Mr Ajit Sharma, Dy. A.G.

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Rakesh Kainthla, Judge

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The petitioner has &led the present petition for seeking regular bail in FIR No. 309/2025, dated 11.12.2025, registered in Police Station Sadar Bilaspur, District Bilaspur, H.P., for the commission of o1ences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

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It has been asserted that, as per the prosecution, the police had set up a naka at Mandi Bharari Chowk on 11.12.2025.

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

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They intercepted a motorcycle bearing registration No. PB-43F6858 based on suspicion. They searched the motorcycle and recovered heroin from the tool kit. The investigation has been completed, and the charge sheet has been &led before the Court. The petitioner’s marriage is to be solemnised. The petitioner is a young person and has no criminal antecedents. He is a permanent resident of Mohali (Punjab). He has deep roots in society, and there is no chance of his absconding. He would abide by the terms and conditions that the Court may impose upon him. Hence, the petition.

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The petition is opposed by &ling a status report asserting that the police had set up a Nakka at Mandi Bharari Chowk on 11.12.2025. A motorcycle bearing registration No. PB43F-6858 came to the spot at about 08.10 P.M. The police asked the motorcyclists to show the documents; however, the rider said that he had purchased the motorcycle recently and had no documents with him. The riders also said that they were in a hurry. They appeared to be frightened. Police became suspicious. The rider identi&ed himself as Ashu, and the pillion rider revealed his name as Sahil. The police checked the motorcycle and recovered a transparent polythene packet

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containing heroin. The police seized the heroin and arrested the motorcyclists. The heroin was sent to SFSL, Junga, and as per the result, it indicated the presence of Diacetylmorphine (heroin). The charge sheet was &led before the Court on 04.02.2026. Hence, the status report.

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I have heard Mr Gurdev Negi, Advocate, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.

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Mr Gurdev Negi, learned counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. The petitioner is a young person with roots in society. The police have completed the investigation, and no fruitful purpose would be served by detaining the petitioner in custody. Hence, he prayed that the petition be allowed and the petitioner be released on bail.

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Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State, submitted that the petitioner was found in possession of the heroin, which is adversely a1ecting the young generation, and no leniency should be shown to the petitioner; hence, he prayed that the present petition be dismissed.

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I have given considerable thought to the submissions

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made at the bar and have gone through the records carefully.

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The parameters for granting bail were considered by 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 con&rmed, 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 $nd whether he has a bad record, particularly a record which suggests that he is

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likely to commit serious o%ences 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 in&ict further crimes on the members of society. Bail discretion, on the basis of evidence about the 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

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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. 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 o%ence 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 su1er 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

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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 o%ence ;

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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 &eeing, 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 o%ence being repeated ;

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( vii ) reasonable apprehension of the witnesses being in&uenced; 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,

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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 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 o%ence(s) alleged against an accused .” (emphasis supplied)

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The present petition has to be decided as per the

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parameters laid down by the Hon’ble Supreme Court.

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The status report speci&cally shows that the petitioner was riding the motorcycle from which recovery of 12 grams of heroin was e1ected. Therefore, the petitioner was found in possession of heroin.

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The Central Government has noti&ed 250 grams of heroin as a commercial quantity. Thus, the petitioner was found in possession of an intermediate quantity of heroin. Rigours of Section 37 of the NDPS Act do not apply to the present case. The status report also reveals that earlier, no FIR was registered against the petitioner. Therefore, the petitioner does not have criminal antecedents which would disentitle him from the concession of bail.

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The petitioner has asserted that he is a permanent resident of Mohali. The petitioner, being the &rst o1ender, is entitled to reform himself, and his continued detention in prison would adversely a1ect the chances of his reformation, as he would be in contact with hardened criminals in jail.

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It was submitted that the heroin is adversely a1ecting the young generation, and no leniency should be shown to the petitioner. This submission will not help the State. The bail cannot be denied as punishment without trial, and if the prosecution can prove its case beyond a reasonable doubt, the petitioner will su1er the consequences as per the law.

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

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(I) The petitioner will not intimidate the witnesses, nor will he inNuence 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

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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 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 &ve 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 &le 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, Open Air Jail Bilaspur, Distt. Bilaspur, 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 case's merits.

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13 March, 2026 (jai)

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(Rakesh Kainthla) Judge Digitally signed by JAI JAI PRAKASH Date: PRAKASH 2026.03.13 11:16:23 +0530

Ashu v. State of Hp

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Ashu v. State of Hp

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