1 2026:HHC:3002 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP (M) No. 2910 of 2025 Reserved on: 1.1.2026 Date of Decision: 09.1.2026. Suraj Kumar Sharma @ Paharia ...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. G.R. Palsra, Advocate. For the Respondent/State : Mr. Ajit Sharma, Deputy Advocate General. Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 234 of 2024, dated 21.11.2024, registered at Police Station, Balh, District Mandi, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act( NDPS Act). 2. It has been asserted that as per the prosecution the police were on patrolling duty on 21.11.2024. They received secret information at Bagla Gaggal Link Road at 3.45 PM that the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:3002 petitioner was selling heroin. The police searched the petitioner in the presence of witnesses and recovered 203.1 grams of heroin. The police arrested the petitioner. The petitioner is innocent and he was falsely implicated. The competent authority and the administrator has confirmed a freezing order passed by Station House OfÏcer. The petitioner wants to assail the order of the competent authority. Hence the petition. 3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 21.11.2024. They received a secret information near Bagla Gagal Link Road at 3.45 PM that the petitioner was selling heroin and in case of his search, huge quantity of heroin could be recovered. The police reduced the information into writing and sent it to Additional Superintendent of Police. The police associated Pawan Kumar and Hema Devi and went to the petitioner’s house where he was present. The police searched the house in the presence of independent witnesses and recovered ₹900/- and 203.1 grams of heroin. The police arrested the petitioner and seized the heroin, which was sent to the FSL and as per the result it was confirmed to be a sample of Diacetylmorphine (Heroin). The charge sheet was filed before the Court and the 3 2026:HHC:3002 matter is listed for the prosecution evidence on 22.01.2026. FIR No.s 178/2006, 134/13, 428/2020, 17/23 and 208/23 have been registered against the petitioner. The petitioner would indulge in the commission of a similar offence in case of his release on bail. Hence the status report. 4. I have heard Mr. G.R. Palsra, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State. 5. Mr. G.R. Palsra, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. He wants to challenge the order passed by the competent authority. Hence, he prayed that the present petition be allowed and the petitioner be released on bail. 6. Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State, submitted that the petitioner was found in possession of huge quantity of heroin. He has criminal antecedents and would indulge in the commission of similar offence in case of release on bail. Hence, he prayed that the present petition be dismissed. 4 2026:HHC:3002 7. I have given considerable thought to the submissions made at the bar and have gone through the records carefully. 8. The parameters for granting bail were considered by the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC 314: 2025 SCC OnLine SC 781, wherein it was observed at page 380: - (i)Broad principles for the grant of bail 56.InGudikantiNarasimhuluv.High Court of A.P., (1978) 1 SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while elaborating on the content of Article 21 of the Constitution of India in the context of personal liberty of a person under trial, has laid down the key factors that should be considered while granting bail, which are extracted as under: (SCC p. 244, paras 7-9) “7. It is thus obvious that the nature of the charge is the vital factor, and the nature of the evidence is also pertinent. The punishment to which the party may be liable, if convicted or a conviction is confirmed, also bears upon the issue. 8. Another relevant factor is whether the course of justice would be thwarted by him who seeks the benignant jurisdiction of the Court to be freed for the time being. [Patrick Devlin, “The Criminal Prosecution in England” (Oxford University Press, London 1960) p. 75 — Modern Law Review, Vol. 81, Jan. 1968, p. 54.] 9. Thus, the legal principles and practice validate the Court considering the likelihood of the applicant interfering with witnesses for the prosecution or otherwise polluting the process of justice. It is not only traditional but rational, in this context, to enquire into the antecedents of a man who is applying for bail to find whether he has a bad 5 2026:HHC:3002 record, particularly a record which suggests that he is likely to commit serious offences while on bail. In regard to habituals, it is part of criminological history that a thoughtless bail order has enabled the bailee to exploit the opportunity to inflict further crimes on the members of society. Bail discretion, on the basis of evidence about the criminal record of a defendant, is therefore not an exercise in irrelevance.” (emphasis supplied) 57. In Prahlad Singh Bhati v. State (NCT of Delhi), (2001) 4 SCC 280: 2001 SCC (Cri) 674, this Court highlighted various aspects that the courts should keep in mind while dealing with an application seeking bail. The same may be extracted as follows: (SCC pp. 284-85, para 8) “8. The jurisdiction to grant bail has to be exercised on the basis of well-settled principles, having regard to the circumstances of each case and not in an arbitrary manner. While granting the bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character, behaviour, means and standing of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or State and similar other considerations. It has also to be kept in mind that for the purposes of granting the bail the legislature has used the words “reasonable grounds for believing” instead of “the evidence” which means the court dealing with the grant of bail can only satisfy it (sic itself) as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge.” (emphasis supplied) 58. This Court in Ram Govind Upadhyay v. Sudarshan Singh, (2002) 3 SCC 598: 2002 SCC (Cri) 688, speaking through Banerjee, J., emphasised that a court exercising discretion in matters of bail has to undertake the same judiciously. In highlighting that bail should not be 6 2026:HHC:3002 granted as a matter of course, bereft of cogent reasoning, this Court observed as follows: (SCC p. 602, para 3) “3. Grant of bail, though being a discretionary order, but, however, calls for the exercise of such a discretion in a judicious manner and not as a matter of course. An order for bail bereft of any cogent reason cannot be sustained. Needless to record, however, that the grant of bail is dependent upon the contextual facts of the matter being dealt with by the court and facts do always vary from case to case. While the placement of the accused in society, though it may be considered by itself, cannot be a guiding factor in the matter of grant of bail, the same should always be coupled with other circumstances warranting the grant of bail. The nature of the offence is one of the basic considerations for the grant of bail — the more heinous is the crime, the greater is the chance of rejection of the bail, though, however, dependent on the factual matrix of the matter.” (emphasis supplied) 59. In Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC 528: 2004 SCC (Cri) 1977, this Court held that although it is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of the case, yet the court is required to indicate the prima facie reasons justifying the grant of bail. 60. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496: (2011) 3 SCC (Cri) 765, this Court observed that where a High Court has granted bail mechanically, the said order would suffer from the vice of non-application of mind, rendering it illegal. This Court held as under with regard to the circumstances under which an order granting bail may be set aside. In doing so, the factors which ought to have guided the Court's decision to grant bail have also been detailed as under: (SCC p. 499, para 9) “9. …It is trite that this Court does not, normally, interfere with an order passed by the High Court granting or rejecting bail to the accused. However, it is equally 7 2026:HHC:3002 incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of this Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are: (i)whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii)nature and gravity of the accusation; (iii)severity of the punishment in the event of conviction; (iv)danger of the accused absconding or fleeing, if released on bail; (v)character, behaviour, means, position and standing of the accused; (vi)likelihood of the offence being repeated; (vii)reasonable apprehension of the witnesses being influenced; and (viii)danger, of course, of justice being thwarted by grant of bail.” (emphasis supplied) xxxxxxx 62. One of the judgments of this Court on the aspect of application of mind and requirement of judicious exercise of discretion in arriving at an order granting bail to the accused is Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497: (2022) 2 SCC (Cri) 170, wherein a three-Judge Bench of this Court, while setting aside an unreasoned and casual order (Pappu Kumar v. State of Bihar, 2021 SCC OnLine Pat 2856 and Pappu Singh v. State of Bihar, 2021 SCC OnLine Pat 2857) of the High Court granting bail to the accused, observed as follows: (Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497: (2022) 2 SCC (Cri) 170]), SCC p. 511, para 35) 8 2026:HHC:3002 “35.While we are conscious of the fact that liberty of an individual is an invaluable right, at the same time while considering an application for bail courts cannot lose sight of the serious nature of the accusations against an accused and the facts that have a bearing in the case, particularly, when the accusations may not be false, frivolous or vexatious in nature but are supported by adequate material brought on record so as to enable a court to arrive at a prima facie conclusion. While considering an application for the grant of bail, a prima facie conclusion must be supported by reasons and must be arrived at after having regard to the vital facts of the case brought on record. Due consideration must be given to facts suggestive of the nature of crime, the criminal antecedents of the accused, if any, and the nature of punishment that would follow a conviction vis-à-vis the offence(s) alleged against an accused.” (emphasis supplied) 9. Hon’ble Supreme Court held in State of Rajasthan v. Balchand, (1977) 4 SCC 308: 1977 SCC (Cri) 594: 1977 SCC OnLine SC 261 that the normal rule is bail and not jail, except where the gravity of the crime or the heinousness of the offence suggests otherwise. It was observed at page 308: 2. The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the Court. We do not intend to be exhaustive but only illustrative. 3. It is true that the gravity of the offence involved is likely to induce the petitioner to avoid the course of justice and must weigh with us when considering the question of jail. So also, the heinousness of the crime….” 9 2026:HHC:3002 10. The present petition has to be decided as per the parameters laid down by the Hon’ble Supreme Court. 11. The status report shows that the petitioner was found present in the house from where the police recovered 203.1 grams of heroin. There is a force in the submission of Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State that the quantity of heroin is huge and could not have been meant for self-consumption. Therefore, keeping in view the quantity of the heroin, the petitioner is not entitled to bail. 12. It was submitted that the quantity of heroin is intermediate and the petitioner is entitled to bail as a matter of right. This submission cannot be accepted. It was laid down by this Court in Khushi Ram Gupta v. State of H.P., 2022 SCC OnLine HP 3779, that the menace of drug addiction has seriously eroded into the fabric of society, and the release of an accused on bail in NDPS Act cases will send a negative signal to society. It was observed: “8. The menace of drug addiction, especially in adolescents and students, has seriously eroded into the fabric of society, putting the future generation as well as the prospects of future nation-building into serious peril. 10 2026:HHC:3002 9. It is not a case where the investigating agency is clueless in respect of evidence against the petitioner. Though allegations against the petitioner are yet to be proved in accordance with the law, it cannot be taken singly as a factor to grant bail to the petitioner. Nothing has been placed on record on behalf of the petitioner to divulge as to how and in what manner he came in contact with the persons who were residents of the State of Himachal Pradesh. Thus, there is sufÏcient prima facie material to infer the implication of the petitioner in the crime. In such circumstances, the release of the petitioner on bail will send a negative signal in society, which will definitely be detrimental to its interests. 10. The prima facie involvement of the petitioner in the dangerous trade of contraband cannot be ignored merely on account of the fact that he has no past criminal history. It cannot be guaranteed that there will be re-indulgence by the petitioner in similar activities, in case he is released on bail.” 13. Similarly, it was held in Bunty Yadav v. State of H.P., 2022 SCC OnLine HP 4996, that the bail cannot be claimed as a matter of right even though the rigours of Section 37 of the NDPS Act do not apply to a case. Each case has to be adjudged on its own facts. It was observed: “6. The quantity involved in the case is 89.89 grams of heroin and 3.90 grams of MDMA. Such quantity may not technically fall under the category of commercial quantity; nevertheless, such quantity cannot be termed to be less by any stretch of the imagination. The evident nature of commercial transactions and dealing with the contraband aggravates the situation for the petitioner. In a case where Section 37 of the NDPS Act is not applicable, 11 2026:HHC:3002 the bail cannot be claimed as a matter of right. The fate depends on the facts of each and every case. 7. The menace of drug addiction, especially in adolescents and students, has seriously eroded into the fabric of society, putting the future generation as well as the prospects of future nation-building into serious peril.” 14. The status report shows that the petitioner was involved in the commission of similar offence earlier. Therefore, the possibility of the petitioner committing the crime cannot be ruled out. This Court dealt with the relevance of criminal antecedents while granting bail in Champa vs. State of H.P.: 2025:HHC:28899 and held that the criminal antecedents would disentitle an accused from the concession of bail, especially when an FIR was registered against the accused related to the commission of a similar offence. This judgment was unsuccessfully assailed before the Hon’ble Supreme Court in SLP (Criminal) 19120 of 2025 titled Champa Devi vs. State of H.P., decided on 27.11.2025. Therefore, the relevance of criminal antecedents cannot be ignored, and the petitioner’s criminal antecedents would disentitle him from concessions of bail. 15. It was submitted that the petitioner intends to challenge the order passed by the competent authority and he should be released on bail. It is no reason because he can always 12 2026:HHC:3002 contact a counsel or the legal aid counsel to challenge the order and it is not necessary to enlarge him on bail. Thus, the bail cannot be granted on the ground that the petitioner has to challenge the order passed by the competent authority. 16. No other point was urged. 17. In view of the above, the present petition fails, and it is dismissed. 18. The observations made here-in-above are regarding the disposal of this petition and will have no bearing, whatsoever, on the case's merits. (Rakesh Kainthla) Judge 9th January, 2026 (Chander)