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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Rishabh Seghal – Appellant
Versus
State of Himachal Pradesh – Respondent
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has moved the Bail application(s) which were rejected on 27.05.2024, [Annexure P-1] and the second application was withdrawn on 12.07.2024 [Annexure P-2] and the third one was dec
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.
Bail is a rule and jail is an exception; prolonged detention without trial violates personal liberty under Article 21 of the Constitution.
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 is a rule and jail is an exception; prolonged detention without trial infringes personal liberty under Article 21.
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.
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....
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.
The court reinforced that bail serves to protect an individual's personal liberty, particularly when prolonged detention without trial raises constitutional concerns under Article 21, emphasizing the....
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.
Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.
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