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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Bipin Chander Negi, J
Gurvinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. police raid and recovery (Para 4) |
| 2. co-accused released on bail (Para 5) |
| 3. petitioner in custody since arrest (Para 6) |
| 4. importance of personal liberty (Para 7 , 9) |
| 5. purpose of bail (Para 8) |
| 6. consequences of pre-trial incarceration (Para 10 , 11) |
| 7. judicial discretion for bail (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
JUDGMENT :
Bipin Chander Negi, J.
1. Head Constable Rekha No. 113, I/O Police Station, West, Shimla, is present along with record.
2. 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.136 of 2024, dated 13.08.2024, registered at Police Station, Shimla [West], District Shimla, Himachal Pradesh, under Sections 21 & 29 of the Narcotic and Psychotropic Substances Act.
3. Heard counsel for the parties. Status Report stands filed. The same is taken on record. Copy whereof, has also been supplied to learned counsel appearing on behalf of the petitioner.
4. Brief facts giving rise to the case at hand are that the police on the basis of secret information received from reliable source had conducted a raid on Room No.203 in Hotel Thakur Niwas B&B, Shim
Personal liberty is a fundamental right; bail is granted to ensure attendance at trial, not as a punitive measure.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial without being punitive.
Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should secure attendance at trial, not serve punitive purposes.
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....
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 ruled that the applicant is entitled to bail as the quantity of contraband does not meet the threshold for commercial quantity, and pre-trial punishment is prohibited.
Bail is granted based on the presumption of innocence, absence of prior criminal history, and lack of risk of flight or witness tampering.
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