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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Bipin Chander Negi, J
Baljeet Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail. The same arises out of FIR No.96 of 2024, dated 22.06.2024, registered at Police Station Dhalli, Shimla, District Shimla, Himachal Pradesh, under Sections 21, 25 and 29 of NDPS Act.
2. Status report filed, the same is taken on record. Copy whereof supplied to learned counsel appearing on behalf of the petitioner.
3. Heard counsel for the parties.
4. The Police Authority, in the case at hand, while on patrolling duty and also detection of crime in the suburbs of Shimla, had received a secret information that the bail petitioner along with co-accused-Angrej Singh had taken a room on rent in Tota Ram Building Lower Sangti. On the basis of the same, after complying with the provisions of the NDPS Act and on associating independent witnesses, a search of the room of the accused/bail petitioner and co-accused was conducted, wherein after 46.82 grams of heroin along with an electronic weighing machine was recovered.
5. The investigation in the case at hand is complete and post completion of investigation, challan in case at hand
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
The court ruled that bail should be granted when no contraband is found in possession, emphasizing the presumption of innocence and the need for a direct nexus between the accused and the alleged cri....
Bail is granted when pre-trial incarceration is not justified, especially if no contraband is found in possession of the accused, emphasizing the presumption of innocence.
Personal liberty is a fundamental right, and bail should be granted unless necessary to ensure attendance at trial, with conditions imposed to prevent tampering with evidence.
The court emphasized that bail is a means to secure attendance at trial, and personal liberty should only be curtailed when necessary, reflecting the presumption of innocence.
The court granted bail, emphasizing the presumption of innocence and the lack of necessity for continued custody after investigation completion.
Personal liberty is a fundamental right, and bail should be granted to ensure attendance at trial, not as a punitive measure.
The court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
The court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
Pre-trial punishment is prohibited; bail may be granted when the contraband does not constitute commercial quantity, ensuring the applicant's rights are protected.
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