Rakesh Kumar vs State Of Himachal Pradesh
2025 Latest Caselaw 7111 HP

Himachal Pradesh High Court

Rakesh Kumar vs State Of Himachal Pradesh on 26 August, 2025

Author: Virender Singh

Bench: Virender Singh

( 2025:HHC:28742 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                          Cr. MP (M) No. : 1913 of 2025
                                          Reserved on    :  19.08.2025
                                          Decided on     :  26.08.2025

Rakesh Kumar                                                              ...Applicant

                                          Versus

State of Himachal Pradesh                                              ...Respondent

Coram

The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1

For the applicant : Mr. Atul Kumar, Advocate.

For the respondent : Mr. Tejasvi Sharma, Mr. H.S. Rawat, & Mr. Mohinder Zharaick, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General, assisted by ASI Mahender Singh, Police Station Dharamshala.

Virender Singh, Judge

Applicant­Rakesh Kumar has filed the present

application, under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (hereinafter referred to as the

'BNSS'), with a prayer to release him on bail, during the

pendency of trial, arising out of FIR No.17 of 2025, dated

22.01.2025, registered, under Sections 21, 25 and 29 of

Whether Reporters of local papers may be allowed to see the judgment? Yes.

2 ( 2025:HHC:28742 )

the Narcotic Drugs and Psychotropic Substances Act,

(hereinafter referred to as the 'NDPS Act'), and Section 132

and 121(1) of the Bharatiya Nyaya Sanhita (hereinafter

referred to as the BNS), with Police Station, Dharamshala,

District Kangra, H.P.

2. According to the applicant, he is innocent

person and has falsely been implicated by the Police, in the

present case and presently, he is in judicial custody.

3. As per the applicant, apart from the present

case one another case vide FIR No.18 of 2025, dated

24.01.2025, under Sections 21, 25 and 29 of the NDPS Act

was registered against him.

4. According to the applicant, the investigation, in

the present case, is completed and the matter is now fixed

for consideration on charge, before the competent Court of

law.

5. Applicant has filed similar application before

learned Special Judge­III, Kangra at Dharamshala, District

Kangra, however, his application has been dismissed vide

order dated 13.06.2025.

3 ( 2025:HHC:28742 )

6. On the basis of the above facts, learned counsel

appearing for the applicant has given certain undertakings,

to which, the applicant is ready to abide by, in case, the

applicant is ordered to be released on bail.

7. Apart from the above, the relief of bail has also

been sought on the ground of parity, as, his co­accused

Ayush Soni, Jermanjeet Kaur, Shwetang Kumar Sahi,

Shashank Bisht, and Kulwant Kaur, have already been

released on bail, by this Court, vide orders dated

15.05.2025, 23.05.2025, 03.06.2025 and 5.6.2025, passed

in Cr.MP(M) Nos.954, 1007, 1123, 1213 & 1252 of 2025.

8. On the basis of the above facts, a prayer has

been made to allow the application.

9. When put to notice, the police has filed the

status report, disclosing therein, on 22.01.2025, HC

Shashi Pal No.39, along with other police officials, was on

patrolling duty in official vehicle No.HP39E­3253.

9.1. At about 12.50 a.m., in the midnight, when the

I.O., along with other police officials, reached at Petrol

Pump Sakoh, then he noticed a vehicle coming in the high

speed from Gaggal side.

4 ( 2025:HHC:28742 )

9.2. On seeing the police vehicle, driver of the said

vehicle, all of a sudden take a cut and drove the vehicle at

a very high speed towards Sakoh side, as such, the I.O.

raised suspicion in his mind that some objectionable item

could be there in the vehicle, as such, he directed the

driver of his vehicle to chase the said vehicle, registration

number of which was HP39B­9902.

9.3. When, the police vehicle was chasing the

vehicle bearing registration No.HP39B­9902, its driver

increased its speed, upon which, the I.O. informed SI Vijay

Singh, who was already on patrolling, to intercept the said

vehicle coming on the Sakoh road.

9.4. After chasing the said vehicle, the driver of the

said vehicle drove the vehicle through Radio Colony link

road towards Chilgadi, however, in that process, the

vehicle struck against the RCC retaining wall. Thereafter,

three boys were found to have alighted down from the

vehicle, who ran towards Rodikut road side.

9.5. One boy was nabbed by ASI Vijay Singh, at a

distance of 20 meters, however, other persons could not be

nabbed, as it was the night time. The person, so nabbed, 5 ( 2025:HHC:28742 )

gave a fist blow on the right eye of ASI Vijay Singh. The

said person was overpowered by other police officials. On

inquiry, he disclosed his name as Shanshak Bisht. He also

disclosed the names of his companion, who allegedly ran

away from the sport, as Ayush Soni and Shwetang Shahi @

Shinu.

9.6. Constable Abhishek Kumar was sent to arrange

independent witness. At about 1.25 a.m., he came back

with one person namely Manoj Kumar, who was associated

as independent witness. In the presence of said

independent witnesses, the vehicle was searched and

during search, from underneath the foot mat of front seat,

a transparent polythene was found along with electronic

weighing scale.

9.7. When the said polythene was opened, brown

coloured granular shaped substance was found, which on

smelling and on the basis of experience was found to be

Chitta/heroin. Accused Shashank Bisht also confirmed

the said fact. On weighment, the same was found to be 30

grams of Chitta.

6 ( 2025:HHC:28742 )

10. After completion of other codal formalities, the

FIR, in question, was registered and the accused was

arrested. The contraband along with the vehicle was taken

into possession.

11. Thereafter, the medico­legal examination of ASI

Vijay Singh was got conducted. On 22.1.2025, accused

Ayush Soni and Shwetang Kumar Shahi @ Shinu, were

also associated in the investigation and were arrested.

12. During investigation, accused Ayush Soni and

Shwetang Kumar Shahi @ Shinu, has disclosed that

Raman Kumar is also dealing in the business of

Chitta/Heroin. FIR No.13/25, dated 15.1.2025, under

Section 21 of the NDPS Act, was found to be registered

with Police Station, Dharamshala against accused Raman

Kumar @ Rambo.

13. Raman Kumar has introduced accused Ayush

Soni and Shwetang Kumar Shahi @ Shinu with the

smuggler of Chitta namely Maninder Singh. Against said

Maninder Singh and Rakesh Kumar (applicant), case

bearing FIR No.18/25, dated 24.01.2025, registered under

Section 21, 25 and 29 of the NDPS Act was found to be 7 ( 2025:HHC:28742 )

registered with Police Station Dharamshala. Accused

Raman Kumar was arrested in FIR No.13/25 on

15.1.2025.

14. During investigation, involvement of Maninder

Singh and Rakesh Kumar (applicant) was also found, who

were stated to have been arrested in FIR No.18/25.

15. On 24.1.2025, custody of Maninder Singh and

Rakesh Kumar (applicant) was transferred from case

No.18/25 to this case and they were arrested on

27.1.2025.

16. During investigation, it has also been found

that accused Ayush and Shinu used to transfer the

amount in the account of one Kulwant Kaur and

thereafter, said Kulwant Kaur used to transfer the said

amount in the account of accused Jermanjeet Kaur.

17. Accused Shwetang Kumar Sahi has transferred

a sum of Rs.1,88,000/­, whereas, accused Ayush Soni has

transferred a sum of Rs.2,53,000/­ to the account of

Kulwant Kaur. The said amount was transferred for

purchasing Chitta. Accused Jermanjeet Kaur in 8 ( 2025:HHC:28742 )

connivance with her mother has transferred the amount of

Rs.8,40,370/­ in her bank account.

18. Thereafter, the service provider was requested

to provide the CDRs of mobile number of accused

Shwetang Kumar Shahi, Ayush, Shashank and Jermanjeet

Kaur. On perusal of those CDRs, location of accused

Ayush, Shashank and Shwetang Kumar Shahi was found

to be in the area of Dharamshala to Daulatpur, on

21.01.2025, at 4.30 p.m., whereas, their location was

found to be at Dharamshala, on 12.30 a.m, at 22.1.2025.

19. It has also been found in the investigation that

accused Shwetang Kumar, Ayush and Shashank had

purchased Chitta from accused Maninder Singh and

Rakesh Kumar (applicant) at Mubarikpur, during night of

21.1.2025. Accused Maninder Singh and applicant

Rakesh Kumar were arrested in FIR No. 18/25, registered

under Sections 21 and 29 of the NDPS Act. Accused

Kulwant Kaur was arrested on 2.3.2025.

20. During investigation, it was found that accused

Kulwant Kaur had transferred the said amount to the

account of her daughter accused Jermanjeet Kaur and 9 ( 2025:HHC:28742 )

accused Jermanjeet Kaur was proceeding towards Delhi

Airport, as her flight to Canada was scheduled for

03.03.2025, at 5.35 a.m. She was nabbed at Delhi Airport

on 03.03.2025, at about 3.30 a.m. and was arrested.

21. After completion of the investigation, charge­

sheet has been filed against accused Ayush, Shwetang,

Shashank, Maninder Rakesh (applicant), Kulwant Kaur

and accused Jermanjeet Kaur, in the Court of learned

Additional Sessions Judge­III, Kangra at Dharamshala.

The case is now stated to have been fixed for prosecution

evidence.

22. On the basis of the above facts, a prayer has

been made to dismiss the application.

23. The contraband allegedly recovered from the

possession of accused persons, in this case, does not fall

within the definition of commercial quantity, as such,

rigors of Section 37 of the NDPS Act are not applicable, in

the present case.

24. Once, it has been held that rigors of Section 37

of the NDPS Act are not applicable, then, the next

question, which arises for determination, before this Court, 10 ( 2025:HHC:28742 )

is as to whether the applicant is entitled to the relief, as

claimed in the application or not.

25. Investigation, in the present case, is complete

as such, it can be said that the custodial interrogation of

the applicant is not required by the Police. Moreover, the

chances of commencement and conclusion of the trial

against the accused persons, in near future, are not so

bright.

26. Except the present case, one case is found to

have been registered against the applicant. Mere

registration of the case does not take away the

presumption of innocence, which is still available to the

applicant, as he has not been convicted by the competent

Court of law, in the said case.

27. The bail application cannot be rejected, as a

matter of punishment, as, pre­trial punishment is

prohibited under the law and punishment can only be

imposed, after the full fledged trial, by competent Court of

law.

28. Moreover, on the ground of parity also, the

applicant is entitled to be released on bail, as, his co­ 11 ( 2025:HHC:28742 )

accused Ayush Soni, Jermanjeet Kaur, Shwetang Kumar

Sahi, Shashank Bisht, and Kulwant Kaur, have already

been released on bail, by this Court, vide orders dated

15.05.2025, 23.05.2025, 03.06.2025 and 5.6.2025, passed

in Cr.MP(M) Nos.954, 1007, 1123, 1213 & 1252 of 2025.

29. Considering all these facts, this Court is of the

view that the bail application is liable to be allowed and is

accordingly allowed. The applicant is ordered to be released

on bail during the pendency of the trial, arising out of FIR

No.17 of 2025, dated 22.01.2025, registered, under

Sections 21, 25 and 29 of the NDPS Act and Sections 132

& 121(1) of the BNS, with Police Station, Dharamshala,

District Kangra, H.P., on his furnishing personal bonds, in

the sum of Rs.50,000/­, with one surety, in the like

amount, to the satisfaction of learned trial Court.

29. This order of release, however, shall be subject

to the following conditions :­

"a) Applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

12 ( 2025:HHC:28742 )

c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) Applicant shall not leave the territory of India without the prior permission of the Court."

30. Any of the observations made herein above shall

not be taken as an expression of opinion on the merits of

the case as these observations are confined only to the

disposal of the present bail application.

31. It is made clear that the respondent­State is at

liberty to move an appropriate application, in case, any of

the bail conditions is found to be violated by the applicant.

32. The Registry is directed to forward a soft copy of

the bail order to the Superintendent of Jail, Lala Lajpat Rai

Open Air Correctional Home, Dharamshala, District

Kangra, through e­mail, with a direction to enter the date

of grant of bail in the e­prison software.

33. In case, the applicant is not released within a

period of seven days from the date of grant of bail,

the Superintendent of Jail, Lala Lajpat Rai Open Air

Correctional Home, Dharamshala, District Kangra, is 13 ( 2025:HHC:28742 )

directed to inform this fact to the Secretary, DLSA, Kangra

at Dharamshala. The Superintendent of Jail, Lala Lajpat

Rai Open Air Correctional Home, Dharamshala, District

Kangra, is further directed that if the applicant fails to

furnish the bail bonds, as per the order passed by this

Court, within a period of one month from today, then, the

said fact be submitted to this Court.

                                        ( Virender Singh )
                                              Judge
August 26, 2025(ps)





                 RAJNI            by RAJNI
                                  Date: 2025.08.26
                                  17:03:20 +0530