IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .

Cr.MP(M) No. 2371 of 2023 Reserved on: 09.11.202.3 Date of Decision: 28.11.2023.

Sunil Kumar alias Sonu ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Petitioner : Mr. D.N. Sharma, Advocate.

For the Respondent : Mr. Prashant Sen, Deputy Advocate General.

Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short the ‘ND&PS Act’), in FIR No. 50 of 2023, dated 22.6.2023, registered at Police Station Rajgarh, District

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

Sirmour, H.P. The petitioner is innocent and FIR was registered against him as a counterblast to the hot verbal exchange with the Police. The petitioner has been behind bars for more than three months. He has an aged widowed mother and there is no one to look after her. The investigation has been completed and the challan has been prepared. No useful purpose would be served by detaining the petitioner in custody. The petitioner shall abide by all thue terms and conditions, which may be imposed by this oCourt. Hence, the present petition.

2. The police have filed a status report, asserting that the poli ce party was on traffic checking duty on 22.6.2023, at 1.30 PM near Giripul. The police signalled a Maruti-800 bearing registration no. HP-09A-6450 to stop. Two persons were present in the vehicle. The police searched the vehicle based on the suspicion and found 19.36 grams of heroin in the vehicle. The police arrested the occupants of the vehicle and seized the heroin. The result of the analysis shows that the substance found in the vehicle was Diacetyl Morphine (Heroin). Vivek Chauhan was released on bail by learned District and Sessions Judge, Nahan on 30.6.2023, whereas the petitioner is in custody. FIR No. 152 of 2013, dated 6.7.2013 for the commission of an offence punishable under Section 20 of ND&PS Act was registered in Police Station, Bilaspur and FIR No. 70 of 2014, dated 14.11.2014, for the commission of an offence punishable under Sections 3 and 4 of the Gambling Act was registered against the petitioner in Police Station, Bro, District Kullu. The challan was presented and has been fixed before learned Additional Sessions Judge, Sirmour at Nahan for service on

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3. I have heard Mr. D.N. Sharma, learned Counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General for the respondent-State.

4. Mr. D.N. Sharma, learned Counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated due to an altercation with the police. The co-accused has been released on bail and the petitioner is entitled to bail on the principle of parity. The mere pendency of the criminal case is no reason to deny bail. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Prashant Sen, learned Deputy Advocate General for the respondent-State submitted that the petitioner has criminal antecedents and cannot claim parity with the co- accused. He was involved with the commission of a similar offence earlier, which shows that he is a drug peddler. Hence, he prayed that the present petition be dismissed.

6. I have given considerable thought to the rival submissions at the bar and have gone through the record carefully.

7. The parameters for granting bail were considered by the Hon’ble Supreme Court in Bhagwan Singh v. Dilip Kumar @ Deepu @ Depak, 2023 SCC OnLine SC 1059, wherein it was observed as under:-

g 12. The grant of bail is a discretionary relief which necessarily means that such discretion would have to be i exercised in a judicious manner and not as a matter of course. The grant of bail i