Ramesh Kumar @ Aju Vs State of Hp

The petitioner has filed the present petition for seeking regular bail in FIR No. 47 of 2025, dated 03.05.2025, registered for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’) at Police Station Jawali, District Kangra, H.P.

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It has been asserted that, as per the prosecution, the police party had set up a Nakka on 03.05.2025 near 32 Mile. Gagan

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

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Singh and Shubham came to the spot from a Dhaba. In the meantime, a vehicle bearing registration HP-38J-1001 came from Kangra. The police signalled the driver of the vehicle to stop it. The occupants of the vehicle got frightened after seeing the police, and the driver reversed the vehicle. The police stopped the vehicle and enquired about the names and addresses of the occupants of the vehicle. The driver identified himself as Gurpreet Singh, and the person sitting beside the driver identified himself as Rohit. The police searched the vehicle and recovered 1.122 kilograms of charas. Rohit and Gurpreet Singh made a disclosure statements that accused Paras Asked them to get the charas. The police checked the bank account and found that Rohit had transferred ₹88,000/- to the present petitioner. The petitioner was also found in touch with the other co-accused. The petitioner is innocent. He was arrested based on the bank transaction and the telephonic conversation, which is not sufficient to connect him to the commission of crime. Co-accused Paras was released on bail, and the petitioner is entitled to bail on the principle of parity. Therefore, he 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 had set up a nakka at 32 miles on 03.05.2025 at 3.40 A.M. Gagan Singh and Shubham came towards the police and started talking to them. A vehicle bearing registration No. HP-38J-1001 came from Kangra. The police signalled the driver to stop, however, the driver tried to reverse the vehicle. The police became suspicious and stopped the vehicle. The driver identified himself as Gurpreet Singh (petitioner), and the person sitting beside him identified himself as Rohit. The police checked the vehicle and recovered a carry bag containing 1 Kg 122 grams of charas. The police seized the charas and arrested the occupants of the vehicle. The charas was sent to SFSL, Junga and as per the report, it was confirmed to be an extract of cannabis. Rohit made a statement under Section 67 of the NDPS Act that the Paras had directed him and Gurpreet Singh to bring charas. Rohit and Gurpreet Singh also identified the place where the charas was delivered to them. They pointed out the house of Paras, where he was present, and the police arrested him. The police checked the bank details of Rohit and found that he had transferred ₹88,000/- to the petitioner. The police arrested the petitioner on 19.10.2025. The police filed the charge-sheet before

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the learned Special Judge, Kangra at Dharamshala, H.P., on 27.10.2025. No other F.I.R. has been registered against the petitioner. The matter is listed for the fixation of prosecution evidence on 08.04.2026. The petitioner would intimidate the witnesses and indulge in the commission of similar offences if released on bail; hence, the status report.

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

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Mr Vijender Kotoch, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated based upon the call detail and the financial transaction; however, these are not sufficient to connect him with the commission of the crime. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

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Mr Lokender Kutlehira, learned Additional Advocate General, for the respondent/State, submitted that the petitioner had supplied the charas to the co-accused. The police had recovered a commercial quantity of charas, and the rigours of Section 37 of the NDPS Act apply to the present case. The

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petitioner has not satisfied the twin conditions laid down under Section 37 of the NDPS Act. 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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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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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

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

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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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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

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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. 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)

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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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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

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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 ; ( ii ) nature and gravity of the accusation ;

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

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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 offence(s) alleged against an accused .” (emphasis supplied)

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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:

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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.

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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….”

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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 mentions that the police checked the bank account of the co-accused (Rohit) and found that ₹88000/was transferred to the petitioner. The police checked the call detail record and found that the petitioner was in touch with the accused. It was laid down by this Court in Saina Devi vs State of Himachal Pradesh 2022 Law Suit (HP) 211 that a person cannot be kept in custody based on the call details record. It was observed: -

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“[16] In the facts of the instant case, the prosecution, for implicating the petitioner, relies upon firstly the confessional statement made by accused Dabe Ram and secondly the CDR details of calls exchanged between the petitioner and the wife of co-accused Dabe Ram. Taking into consideration the evidence with respect to the availability of CDR details involving the phone number of the petitioner and the mobile phone number of the wife of co-accused Dabe Ram, this Court had considered the existence of a prima facie case against the petitioner and had rejected the bail application as not satisfying the conditions of Section 37 of the NDPS Act.

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[17] Since the existence of CDR details of accused person(s) has not been considered as a circumstance sufficient to hold a prima facie case against the accused person(s), in Pallulabid Ahmad's case (supra), this Court is of the view that petitioner has made out a case for maintainability of his successive bail application as also for grant of bail in his favour.

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[18] Except for the existence of CDRs and the disclosure statement of the co-accused, no other material appears to have been collected against the petitioner. The disclosure made by the co-accused cannot be read against the petitioner as per the mandate of the Hon'ble Supreme Court in Tofan Singh Vs State of Tamil Nadu, 2021 4 SCC 1 . Further,

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on the basis of the aforesaid elucidation, the petitioner is also entitled to the benefit of bail.

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A similar view was taken by this Court in Dabe Ram vs.

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State of H.P., Cr.MP(M) No. 1894 of 2023, decided on 01.09.2023, Parvesh Saini vs State of H.P., Cr.MP(M) No. 2355 of 2023, decided on 06.10.2023 and Relu Ram vs. State of H.P. Cr.MP(M) No. 1061 of 2023, decided on 15.05.2023 ,

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The police have relied upon the financial transaction between Rohit and the petitioner. It was laid down by the Kerala High Court in Amal E vs State of Kerala 2023:KER:39393 that financial transactions are not sufficient to connect the accused with the commission of crime. It was observed:

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“From the perusal of the case records, it can be seen that, apart from the aforesaid transactions, there is nothing to show the involvement of the petitione₹ It is true that the documents indicate the monetary transactions between the petitioners and some of the accused persons, but the question that arises is whether the said transactions were in connection with the sale of Narcotic drugs. To establish the same, apart from the confession statements of the accused, there is nothing. However, as it is an aspect to be established during the trial, I do not intend to enter into any finding at this stage, but the said aspect is sufficient to record the satisfaction of the conditions contemplated under section 37 of the NDPS Act, as the lack of such materials evokes a reasonable doubt as to the involvement of the petitioner.”

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There is no other material to connect the petitioner to the commission of the crime. The investigation is complete, 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 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 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, Lala Lajpat Rai District and Air Correctional Home, Dharamshala, District Kangra, H.P. and the learned Trial Court through FASTER.

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The observations made hereinabove are regarding the

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disposal of this petition and will have no bearing, whatsoever, on the case's merits.

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06^th April,2026. (ravinder)

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(Rakesh Kainthla) Judge.

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RAVINDER KUMAR

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Digitally signed by RAVINDER KUMARDN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=35ecb6f93c6891a7dae90f163e34d7ecaa420b13af1363204ab0e0f5c87077dc, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=f6cc63c55495d14ce1f8623eacdb6cb9ef2c553803537a2f53c4ee637cbebaff, CN=RAVINDER KUMARReason: I am the author of this documentLocation: Date: 2026-04-06 16:38:21

Ramesh Kumar @ Aju v. State of Hp

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Ramesh Kumar @ Aju v. State of Hp

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