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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Jony – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 108 of 2022, dated 26.06.2022, registered with the Police Station Baijnath, District Kangra, for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act). As per the prosecution, the petitioner and the co-accused were riding a bike. The petitioner had two bags with him, fromwhich 1.114 kgs of cannabis was recovered. The petitioner has been in custody since 26.06.2022. He was falsely implicated. He had filed two bail petitions before this Court, which were dismissed on 13.12.2023 and 24.07.2024. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence, the petition.
2. The State has filed a status report asserting that the police party was checking the vehicles on 26.06.2022. One motorcycle came from Joginder Nagar's side. The petitioner was driving the motorcycle. He had two bags. The pillion rider had one backpack. The police searched the bags, which were being carried by the petition
A material change in circumstances is required for reconsideration of bail applications; otherwise, previous denials remain binding.
Successive bail applications require a material change in circumstances; mere delay in trial does not meet the statutory conditions for bail under Section 37 of the NDPS Act.
Grant of bail under the NDPS Act requires meeting specific twin conditions, which were not satisfied, and mere delay in trial does not justify bail unless supported by substantial change in circumsta....
Bail – Failure to mention relevant evidence does not entitle a person to file subsequent bail application without change in circumstances.
Successive NDPS bail applications require material change like trial progress and long incarceration; antecedents not bar if substantial sentence undergone and speedy trial violated. Bail granted des....
Successive bail applications require substantial change in circumstances; filing charge sheet does not qualify as such, nor does unproven trial delay. Courts must exercise restraint to uphold judicia....
Successive NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
A subsequent bail application can only be considered if there is a material change in circumstances, as established by judicial precedents.
Bail cannot be granted based on discrepancies in witness statements once the trial has commenced; substantial change in circumstances is required for reconsideration.
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