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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Alok Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Bipin Chander Negi, J.
ASI Bhupi Ram, Police Station, Gaggal, District Kangra, Himachal Pradesh, is present along with record. Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner.
2. The present bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of bail. The same arises out of FIR No.91 of 2024, dated 21.09.2024, registered at Police Station, Gaggal, District Kangra, Himachal Pradesh, under Section 21 of the Narcotic and Psychotropic Substances Act.
3. Brief facts giving rise to the case at hand are that the concerned Police party on 20.09.2024 were checking vehicles on the bridge at Rajol Nazadgarh. The bail petitioner was traveling on a motorcycle bearing No.PB-02ES-9553. On seeing the Police party stationed at the aforesaid bridge, the bail petitioner got perplexed. The Police on seeing the bail petitioner asked him to stop. On checking the motorcycle, 21.4 grams of Heroin/Chitta was recovered from its tool box. Further procedural formalities under the provisions of Narcotic Drugs and Psychotropic Substances Act and Code of Criminal Procedure
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; 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, not serve punitive purposes.
Personal liberty is a fundamental right, and bail should be granted unless necessary to ensure attendance at trial, with conditions imposed to prevent tampering with evidence.
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.
Bail is granted when pre-trial incarceration is not justified, especially if no contraband is found in possession of the accused, emphasizing the presumption of innocence.
Bail is a right, not a punishment; pre-trial incarceration should be avoided unless necessary, especially when charges are unproven and trial is delayed.
Bail is granted based on the presumption of innocence, lack of flight risk, and the need to avoid prejudicial pre-trial incarceration.
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