IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MP (M) No. 2478 of 2025

Reserved on: 16.12.2025

Date of Decision: 01.01.2026

Osant ...Petitioner

Versus

State of Himachal Pradesh ...Respondent

Coram

Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Petitioner : M/s Rakesh Kumar Chaudhary and

Panku Chaudhary, Advocate

For the Respondent(s) : Mr Ajit Sharma, Deputy Advocate

General.

Rakesh Kainthla, Judge

The petitioner has filed the present petition for

seeking regular bail in FIR No. 295 of 2023, dated 11.10.2023, registered for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act at Police Station Kullu, District Kullu, H.P.

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

2. It has been asserted that the police had arrested the petitioner for the commission of offences punishable under Sections 20 and 29 of the NDPS Act registered vide aforesaid F.I.R. The police filed the charge sheet before the learned Special Judge on 30.12.2023. Learned Trial Court framed the charges on 19.04.2024. Co-accused Lil Bahadur was released on bail by the Hon’ble Supreme Court in SLP No. 8157 of 2025, decided on 30.07.2025. The other co-accused was released on bail by this Court. The petitioner has been behind bars for the last two years and is entitled to bail on the principle of parity. He would abide by all the terms and conditions that the Court may impose.

Hence, the present petition.

3. The petition is opposed by filing a separate status report asserting that the police were on patrolling duty on 11.10.2023. They joined Sher Singh at Rajak Thach at noon. The police saw some people and two tents after covering some distance. The police started walking towards the tents. All the people gathered near one tent. The police went inside and found one carry bag containing 3.519 Kgs of charas. The police also searched the tents and found 5 bags containing cannabis seeds. The total weight of the seeds was found to be 110.572 kgs. The police seized the charas and the seeds. The police made enquiries from the accused, and they revealed that two persons named Ramu and Khadak Singh had employed them to extract cannabis on a daily wage. The police sent the charas to FSL, and as per the report of analysis, the exhibit was an extract of cannabis and a sample of charas. The challan was prepared and presented before the Court on 30.12.2023. The matter was listed for recording the statements of prosecution witnesses on 28.11.2025. Eight witnesses have been examined out of the sixteen witnesses cited by the prosecution. Hence, the status reports.

4. I have heard M/s. Rakesh Kumar Chaudhary & Panku Chaudhary, learned counsel for the petitioner and Mr Jitender K. Sharma, learned Additional Advocate General, for the respondent/State.

5. Mr Rakesh Kumar Chaudhary, learned counsel for the petitioner, submitted that the Hon’ble Supreme Court has released the co-accused on bail. The allegations against the petitioner and the co-accused are similar. The petitioner is entitled to bail on the principle of parity. He prayed that the present petitions be allowed and the petitioner be released on bail.

6. Mr Jitender K. Sharma, learned Additional Advocate General, for the respondent/ State, conceded that the Hon’ble Supreme Court had released the co-accused on bail; however, he submitted that the principle of parity does not apply to the present case. The statements of eight witnesses have been recorded, and the matter was listed for prosecution evidence on 28.11.2025. There is no delay in the progress of the trial. Hence, he prayed that the present petitions be dismissed.

7. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

8. It is undisputed that the Hon’ble Supreme Court has released the co-accused Lil Bahadur on bail vide judgment dated 30.07.2025, passed in Special Leave to Appeal (SLP) Cri