2025:HHC:33352 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) Nos. 2166, 2173 and 2174 of 2025 Reserved on: 22.09.2025 and 23.09.2025. Date of Decision: 25.09.2025. 1. Cr.MP(M) No. 2166 of 2025 Raju ...Petitioner Versus State of Himachal Pradesh ...Respondent 2. Cr.MP(M) No. 2173 of 2025 Durga Maggar ...Petitioner Versus State of Himachal Pradesh ...Respondent 3. Cr.MP(M) No. 2174 of 2025 Madan Lal ...Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the Petitioner(s) : Mr. Rakesh Kumar Chaudhary, Advocate and Mr. Munish Kumar, 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:33352 Advocate, for the respective petitioner(s). For the Respondent(s) : Mr. Jitender K. Sharma, Additional Advocate General and Mr. Ajit Sharma, Deputy Advocate General. Rakesh Kainthla, Judge All the petitions have been filed for seeking regular bail in the same FIR; hence, they are being taken up together for disposal by way of a common judgment. 2. The petitioners have filed the present petitions 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. 3. It has been asserted that Lil Bahadur, one of the co- accused, was released on bail by the Hon’ble Supreme Court in SLP (Criminal) No. 8157 of 2025, decided on 30.07.2025. The petitioners are entitled to bail on the principle of parity. Hence the petitions. 4. The petitions are opposed by filing separate status reports asserting that the police were on patrolling duty on 11.10.2023. They associated Sher Singh at Rajak Thach at noon. 3 2025:HHC:33352 The police saw some people and two tents with huge quantities of cannabis 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 kilograms. 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 Bahadur 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 is listed for recording the statements of prosecution witnesses on 14.10.2025. Eight witnesses have been examined so far, out of the sixteen witnesses cited by the prosecution. Hence, the status reports. 5. I have heard Mr. Rakesh Kumar Chaudhary, learned counsel for the petitioner in Cr.MP(M) No. 2166 of 2025 and Mr. Munish Kumar, learned counsel for the petitioner(s) in Cr.MP(M) Nos. 2173 and 2174 of 2025. Mr. Jitender K. Sharma, learned 4 2025:HHC:33352 Additional Advocate General and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent/State. 6. Mr. Rakesh Kumar Chaudhary and Mr. Munish Kumar learned counsel for the petitioner(s), submitted that the Hon’ble Supreme Court has released the co-accused on bail. The allegations against the petitioners and the co-accused are similar. The petitioners are entitled to bail on the principle of parity. Therefore, he prayed that the present petitions be allowed and the petitioners be released on bail. 7. Mr. Jitender K. Sharma, learned Additional Advocate General and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent/State, conceded that the Hon’ble Supreme Court had released the co-accused on bail; however, they submitted that the principle of parity does not apply to the present case. The statements of eight witnesses have been recorded, and the matter is now listed for prosecution evidence on 14.10.2025. Hence, they prayed that the present petitions be dismissed. 8. I have given considerable thought to the submissions made at the bar and have gone through the records carefully. 5 2025:HHC:33352 9. It is undisputed that the Hon’ble Supreme Court has released the co-accused Lil Bahadur on bail because he had spent one year and nine months in jail vide judgment dated 30.07.2025, passed in Special Leave to Appeal (SLP) Criminal No. 8157 of 2025. The present petitioners were also arrested with the co- accused, and if the Hon’ble Supreme Court considered the incarceration of one year and nine months sufficient to grant bail to the co-accused, the petitioners are also entitled to bail on this consideration. 10. The Hon’ble Supreme Court released the co-accused on bail on such terms and conditions as the Trial Court may deem fit. Since the petitioners are being released on bail on the principle of parity, therefore, the same conditions would apply to them. 11. In view of the above, the present petitions are allowed and the petitioners are ordered to be released on bail, on such terms and conditions as the learned Trial Court concerned may deem fit to impose in the facts and circumstances of the case. 6 2025:HHC:33352 12. The petitions stand accordingly disposed of. A copy of this order be sent to the Superintendent of District Jail Bilaspur, District Bilaspur, H.P. and the learned Trial Court by FASTER. 13. A downloaded copy of this order shall be accepted by the learned Trial Court while imposing terms and conditions of bail on the petitioners, and in case said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, the same may be ascertained from the official website of this Court. 14. The observations made hereinabove are regarding the disposal of the petitions and will have no bearing, whatsoever, on the case's merits. (Rakesh Kainthla) Judge 25th September, 2025 (Anurag) KARAN SINGH Digitally signed by KARAN SINGH Date: 2025.09.25 11:59:03 +0530