IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Ravinder Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 191 of 2024, dated 14.11.2024, for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) registered at Police Station Kangra, H.P. The prosecution case is based on the absurd, baseless and imaginary story. No case is made out against the petitioner. Two cases are pending against him in which he was granted bail. He was exonerated in another case. The petitioner had no role in the commission of crime. No recovery was made from him. The petitioner has a 40% disability in his left leg. The petitioner would abide by all the terms and conditions which the Court may impose. Hence, the petition.
2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 14.11.2024. They found a vehicle bearing registration No. HP-40A-8578 parked near Smella Railway Station, Link Road, at 6:30 p.m. The police went to the vehicle and found that three persons were sitting in it. They could not give any sati
The presence of criminal antecedents significantly influences bail decisions, emphasizing the need to protect society from habitual offenders.
Bail denied in NDPS intermediate quantity case due to criminal antecedents, prior bail violation via similar offence, and prima facie conscious possession from presence at recovery site.
Bail denied in NDPS case with intermediate contraband quantity due to accused's criminal antecedents, prior similar offences, repetition risk, and societal drug menace, rejecting parity with co-accus....
Bail in drug-related offences requires careful consideration of the nature of accusations, criminal history, and potential societal impact, with no automatic entitlement based on the quantity of drug....
Vehicle occupants in conscious possession of intermediate heroin quantity recovered therein; bail denied despite no Section 37 rigours, considering drug menace, criminal antecedents, trafficking indi....
Bail denied in NDPS case with intermediate quantity due to criminal antecedents under NDPS, risk of repetition, and societal drug menace, emphasizing balanced consideration of liberty against public ....
Bail denied in NDPS case to accused with multiple prior offences and absconding history, prioritizing criminal antecedents, repetition risk, trial presence security, and societal protection from drug....
Bail in drug-related offences requires careful consideration of the accused's criminal history and the nature of the offence, with no entitlement to bail as a matter of right.
Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.
The Court ruled that bail cannot be granted in drug-related offenses without careful consideration of the accused's antecedents, emphasizing public safety.
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