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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Khushi Ram – 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.51 of 2024, dated 16.12.2024, registered at Police Station Deha, Tehsil Theog, District Shimla, Himachal Pradesh, under Sections 21 and 29 of the NDPS Act.
2. Heard counsel for the parties. Perused the status report. Copy whereof, has also been supplied to learned counsel appearing on behalf of the petitioner.
3. The incident, in the case at hand, is dated 16.12.2024. On the said date, Police party departed from Police Station Deha for patrolling and checking drug menace in Balag and Naina area. At about 8:15 AM, the Police party reached Balag Nala. At that particular point of time there was a white coloured car (Alto K-10) bearing registration No.HP-10-1414 parked there facing towards Sainj. There were three occupants in the same. The police party questioned the occupants of the vehicle qua it having been parked in an isolated location. No satisfactory response was forthcoming.
4. Besides the aforesaid, the car had a foul smell. The same created a suspicion qua the vehicle carrying some obj
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.
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.
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
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.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
The court granted bail based on the presumption of innocence, noting that the quantity of contraband did not invoke stricter bail provisions.
The court emphasized the presumption of innocence and the necessity of judicial discretion in granting bail, particularly in cases involving commercial quantities of contraband.
The court ruled that the applicant is entitled to bail as the contraband does not constitute commercial quantity, and pre-trial punishment is prohibited.
Personal liberty is a fundamental right, and bail should be granted to ensure attendance at trial, not as a punitive measure.
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