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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Paras Justa – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Ranjan Sharma, J.)
Bail petitioner [Paras Justa], being in custody 05.04.2024, has come up before this Court, seeking regular bail, under Section 483 of Bharatiya Nagarik Suraksha Sanhita [hereinafter referred to as BNSS] origination from FIR No.21 of 2024, dated 14.2.2024, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act [in short the NDPS Act] registered at Police Station Theog, District Shimla,Himachal Pradesh.
FACTUAL MATRIX
2. Case as set by Mr. Ajay Kochhar, Learned Senior Counsel is that petitioner has been falsely implicated and there is no evidence to connect the petitioner with the accusation and the petitioner is a young man belonging to a respectable family. It is averred that bail petitioner has been arrested merely on the basis of alleged call details and bank transactions between him and the main accused [Parikshit Dhani].
2(i). It is averred that no recovery of contraband was made from the petitioner(s) whereas, the alleged recovery was made from Parikshit Dhani weighing 12.06 grams but after complying with the mandate of Section 52-A of the NDPS Act, the recovered contraband came out to be 8.58 grams [as per page 13 of paper boo
Bail is a rule and jail is an exception; prolonged detention without trial infringes personal liberty under Article 21.
Bail is a rule, and denial of bail without sufficient grounds infringes personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Bail is a rule and jail is an exception; personal liberty under Article 21 cannot be curtailed without substantial evidence, especially in cases of prolonged detention without trial.
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
Bail is granted when no prima facie case exists against the accused, emphasizing the right to personal liberty under Article 21, especially during prolonged incarceration and delay in trial.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.
Bail is a rule and jail is an exception; prolonged detention without trial violates personal liberty under Article 21 of the Constitution.
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