Court Considers Family Circumstances and Lengthy Incarceration in Decision; Sets Conditions to Ensure Compliance
In a significant ruling, the Punjab and Haryana High Court has granted regular bail to Rohit Kumar, also known as Lobhi, who has been in custody for over 16 months in connection with a narcotics case. The decision was handed down by Justice Sanjay Vashisth, who took into account multiple factors including Rohit Kumar's family situation and the prolonged duration of his pre-trial detention.
Rohit Kumar was arrested on February 23, 2025, following a secret tip-off, leading to the recovery of 417 grams of heroin, a commercial quantity, along with Rs. 23,400 alleged to be drug money and a digital weighing scale. The arrest, which was captured on CCTV, was contested by his legal counsel, Mr. L.M. Gulati, who argued that Kumar had been falsely implicated.
The court was informed that Kumar is involved in several other criminal cases, including one under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, in which he has already secured bail. Notably, the victim from a prior Protection of Children from Sexual Offences (POCSO) case, who is now Kumar's spouse, appeared before the court confirming their marriage and shared life, along with their child.
Justice Vashisth noted that while the allegations and the recovery of a commercial quantity of heroin were serious, the prosecution had yet to examine any of the 21 witnesses listed, despite the case being pending for over a year. This delay, coupled with Kumar’s potential to rehabilitate himself and lead a settled family life, influenced the court's decision to grant bail.
However, the court imposed stringent conditions on the bail, warning Rohit Kumar against threatening or influencing witnesses. Justice Vashisth emphasized that any future involvement in similar activities would lead to automatic cancellation of the bail.
The court underscored that its observations should not be interpreted as comments on the merits of the case. It urged the trial court to proceed independently and expeditiously, ensuring justice is served without prejudice.
The State, represented by Mr. Vinay Malhotra, DAG, Punjab, had opposed the bail plea, citing the gravity of the offense and Kumar’s criminal history. Nonetheless, the court found that further incarceration without trial progress would be unproductive.
This ruling highlights the judiciary's balancing act between ensuring fair trial rights and addressing serious criminal allegations. It also underscores the importance of considering broader societal and familial impacts in legal decisions.
Bottom line:-
Narcotic Drugs and Psychotropic Substances Act, 1985 - Regular bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 439 CrPC) considering the period of custody undergone, stage of trial, and the opportunity for the accused to rehabilitate in society despite the commercial quantity of contraband recovered and antecedents of the accused.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21C, 25, 27, 29
Rohit Kumar @ Lobhi v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2941909
