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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Saurav Phul alias Sonu – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
Applicant-Saurav Phul @Sonu has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of the trial, in case FIR No.15 of 2024, dated 30.01.2024, registered under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station, Ghumarwin, District Bilaspur, H.P.
2. The relief of bail has been sought on the ground that the police of Police Station Ghumarwin has falsely arrested the applicant for allegedly possessing charas weighing 1.237 Kg.
3. According to the applicant, the investigation is complete and the police has filed the charge sheet, upon which, the competent Court of law has taken the cognizance and case is now stated to be fixed for PWs.
4. As per the applicant, he has falsely been implicated and arrested in this case, as no evidence is there to connect him with the alleged crime, for which, he has been arrested.
5. The applicant has also sought the relief of bail on the ground that he is in judicial custody for the last more than one year and is the only bread
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
The court emphasized that bail under the NDPS Act requires satisfying mandatory conditions, including reasonable grounds for believing the accused is not guilty and not likely to commit further offen....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to reoffend.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to reoffend.
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court emphasized the mandatory conditions under Section 37 of the NDPS Act for granting bail, requiring reasonable grounds for believing the accused is not guilty and assurance against further of....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offenses.
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