Bail granted in NDPS case for non-commercial quantity contraband; presumption of innocence upheld despite prior FIRs without conviction; parity with co-accused; no pre-trial punishment post charge-sheet.

JUDGMENT :

Virender Singh, J.

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Ranjot Singh has sought his release, on bail, during the pendency of the trial, arising out of FIR No.73 of 2025, dated 07.03.2025, registered under Sections 20, 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’) and Section 111 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘’), with Police Station Nalagarh, District Solan, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, as, he has no concern whatsoever with the crime, for which, he has been arrested, by the police.

3. The applicant has further pleaded that he is from respectable family and no fruitful purpose would be served by keeping him in the judicial custody, that too, for indefinite period.

4. It has been averred, in the application, that seven cases, bearing FIR No.202/2021, FIR No.335/2021, FIR No.87/2022, FIR No.178/2023, FIR No.111/2024, FIR No. 303/2024, FIR No.309/2024, have been registered against the applicant.

5. According to the applicant, he had earlier tried his luck by moving Cr.MP(M) No.1909 of 2025, before this Court, however, the same were dismissed as withdrawn vide order dated 19.08.2025.

6. Apart from this, learned counsel, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

7. The applicant has sought the relief of bail on the ground of parity, as his co-accused, have already been released on bail, by this Court, vide orders dated 23.05.2025, 27.05.2025 and 25.07.2025 passed in CrMP(M) Nos.1115, 1080 & 1608 of 2025, titled as ‘Palwinder Kaur Vs. State of Himachal Pradesh’, ‘Surjan versus State of Himachal Pradesh’ and ‘Paramjeet Singh versus State of Himachal Pradesh’.

8. On the basis of the above facts, a prayer has been made to release the applicant on bail, during the pendency of the trial, by allowing the bail application.

9. When, put to notice, the police has filed the status report disclosing therein, that on 07.03.2025, HC Parveen Kumar No.36, I/O Special Cell-X, along with other police officials, under the leadership of ASI Ranjit Singh, was on patrolling duty and duty to detect the crime, towards Baddi-Barotiwala-Maanpura-Ramshehr etc. Police party was present at Municipal Park, Nalgarh in Ward No.6 and they had parked their vehicle there and proceeded towards the market, on foot.

9.1. It is the case of the police that on the same day, at about 02:55 pm, police party noticed a person, driving black coloured Bullet motorcycle, without number plate, in Street No.6. Pillion rider was also there. On the petrol tank of the said motorcycle, a handbag was also noticed. Two persons, namely Rishabh Khullar and Purushotam Lal, were associated and subsequently, name and address of the person, who was driving the Bullet motorcycle, was enquired, who disclosed his name as Prince Kumar, S/o Bhagvir Singh and the pillion rider also disclosed his name as Arvind Verma.

9.2. Thereafter, the handbag, which was on the petrol tank of Bullet, was opened and on opening, some currency notes were found from the big zip pocket and two transparent zip pouches were found from