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.

JUDGMENT :

(Ranjan Sharma, J.)

Bail petitioner [Rishab Seghal], being in custody since 11.02.2024 has come up before this Court, seeking regular bail, under Section 483 of the Code of Criminal Procedure hereinafter Bharatiya Nagarik Suraksha Sanhita, (referred to as BNSS) originating from the FIR No. 11 of 2024 dated 10.02.2024, registered at Police Station Parwanoo, District Solan [H.P.], under Section 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

FACTUAL MATRIX

2. Case set up by Mr. Anriudh Sharma, Learned Advocate, is that on 10.02.2024, two boys namely Rishabh Seghal and Anish Sonker were allegedly found to have been carrying contraband with intent to indulge in business of selling of Chitta/herion, near Shivalik Hotel, Parwanoo. The police intercepted aforesaid two boys and recovery of Chitta/heroin was made from aforesaid persons. Consequently, an FIR No.11 of 2024, dated 10.02.2024 was registered against these two boys by the police.

2(i). Bail petitioner has moved the Bail application(s) which were rejected on 27.05.2024, [Annexure P-1] and the second application was withdrawn on 12.07.2024 [Annexure P-2] and the third one was decided on 23.08.2024, [Annexure P-3].

2(ii). Case of the petitioner-accused is that, he has been falsely implicated. It is averred that there is no evidence to connect the petitioner with the accusation and he has been wrongly and falsely implicated with alleged contraband. Bail petitioner has furnished an undertaking that he abide by all the terms and conditions as will be imposed by this Court. Bail petitioner has averred that he shall not cause any inducement, threat or promise to any person or persons acquainted with the facts of the case and shall not flee away from investigation and trial. It is averred that personal liberty of petitioner under Article 21 of the Constitution of India could neither be curtailed or taken away by way of penalty by prolonging the detention by presuming the guilt against the petitioner. Instant bail petition has been filed by bail petitioner, through his mother with the prayer for releasing the petitioner on bail.

STAND OF STATE AUTHORITIES

3. Upon issuance of notice by this Court on 25.11.2024, respondent-State Authorities filed the Status Report dated 23.12.2024 and another Status Report on 21.02.2025, when the matter was heard and judgement was reserved. However, it transpired that certain points needed clarification from the Learned State Counsel. Accordingly, it was reheard and was reheard with the consent of parties and was reserved on 1.3.2025.

3(i). Perusal of Status Report reveals that on the basis of secret information dated 10.02.2024 the petitioner Rishab Seghal and co-accused Anish were intercepted by police at 3.55 P.M near Shivalik Hotel Parwanoo. Thereafter at about 4.30 P.M an independent witness, namely, Lakhwinder Singh, Ward Member was associated. Thereafter at about 5.20 P.M personal search of both the accused was conducted in the presence of Gazetted Officer/SDPO, Pranav Chauhan, leading to recovery of Heroin/Chitta weighing 39.70 grams from the petitioner and contraband i.e. Heroin/Chitta weighing 9.33 grams from co-accused Anish Sonker. After completing the codal formalities, the bail petitioner was arrested on 11.02.2024. During interrogation the bail petitioner Rishabh and co-accused Anish disclosed that they had conspired with one Nigerian, namely [TIDJ MAMANE], who was living in Delhi and they had been in contact with aforesaid Nigerian [TIDJ MAMANE] for the last about three years. Status Report reveals that aforesaid two persons [Rishabh Seghal and Anish Sonker] were deployed by Devinder @ Chinda to Delhi, to meet the Nigerian at Delhi and for bringing the alleged contraband and for sale/purchase. In above background, State Authorities have prayed for the rejection of bail application.

4. Heard, Mr. Anirudh Sharma, Learned Counsel for petitioner and Ms. Pryanka Chauhan, Deputy Advocate General