IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Mehar Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
Certainly. Based on the provided legal document, here are the key points:
The case involves a bail application for Mehar Singh, who has been in custody since 19.05.2023, related to FIR No. 98 of 2023 under Sections 20 and 29 of the NDPS Act (!) (!) .
The prosecution's case is that Charas weighing 1.509 Kgs was recovered from a vehicle occupied by the petitioner and others, based on a police raid conducted near a temple, following secret information (!) (!) (!) .
The petitioner has denied involvement, claiming false implication and that nothing was recovered from his conscious possession. He has also provided undertakings to cooperate in the investigation and trial (!) (!) .
The investigation is complete, and the challan has been filed. The trial has not yet concluded, with some witnesses yet to be examined, and the proceedings have experienced delays (!) .
The legal framework emphasizes that bail should be granted where allegations are frivolous or groundless, and where there are no reasonable grounds to believe the accused is guilty at this stage. The severity of charges and potential for influence or flight are factors to consider for denial (!) (!) .
The court notes that the petitioner was implicated in a case involving commercial quantity of contraband, which normally triggers stringent conditions under the law. However, due to prolonged detention and slow progress of the trial, exceptions are made (!) (!) (!) (!) .
The court considers that there are no reasonable grounds to believe the petitioner is guilty at this stage, and that the investigation and evidence do not indicate involvement in activities under the NDPS Act (!) (!) .
The petitioner’s prolonged incarceration, exceeding one year and ten months, and the slow pace of the trial, justify granting bail to prevent infringement of personal liberty and uphold the right to a speedy trial (!) (!) (!) (!) .
The court highlights that the object of bail is to prevent punitive detention and that detention should not be used as a form of punishment before conviction. Conditions can be imposed to address concerns of tampering or influence (!) (!) .
The principles of granting bail include balancing the rights of the individual with societal interests, and considering the likelihood of tampering, influence, or fleeing. The right to liberty under Article 21 is paramount, especially in cases of prolonged detention (!) (!) (!) .
In cases involving serious charges but where delays are evident, the courts are inclined to enlarge the accused on bail, especially when the accused has no criminal antecedents and the trial is delayed beyond a reasonable period (!) (!) (!) .
The court emphasizes that bail is generally the rule, and detention is the exception, and that prolonged incarceration without trial can violate fundamental rights (!) (!) (!) .
Conditions for bail include personal bonds, regular appearance, non-involvement in further offences, reporting requirements, and safeguards against tampering or influence [p_152–p_162].
The court notes that the fact of prior bail orders for co-accused and the absence of recovery from the petitioner strengthen the case for granting bail (!) .
Overall, the court concludes that the prolonged detention, slow progress of the trial, and lack of reasonable grounds to believe in guilt at this stage justify granting bail, with conditions to mitigate risks (!) (!) (!) .
Please let me know if you need further elaboration or specific advice.
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner, Mehar Singh [being in custody 19.05.2023] has approached this Court, under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as BNSS ] seeking regular bail originating from the FIR No. 98 of 2023 dated 19.05.2023, registered with Police Station Baijnath, District Kangra [H.P.], under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as NDPS Act) and under Section 181 of the MOTOR VEHICLES ACT .
FACTUAL MATRIX
2. Case set up by Mr. Vijender Katoch, Learned Counsel is that prosecution case is that on 18.5.2023 at around 09.45 p.m, while the Police Party headed by Inspector Gaurav Bhardwaj alongwith other Police Officials were on patrolling duty near GMS Kyori, a secret information was received that two persons were selling Charas near Jagarkot Ajay Pal Devta Temple. On receiving this information, Inspector Gaurav Bharadwaj and two Independent witnesses namely Pradhan Shiv Kumar and Up-Pradhan Rovan Lal reached village Sail and thereafter, IO Gaurav Bharadwaj in his private car left for Jagarkot Ajay Pal Devta Temple and the Independent witness also went to said temple spot
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Prolonged pre-trial detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
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.
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....
Prolonged incarceration without trial violates personal liberty; bail is granted when no reasonable grounds exist for guilt.
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
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 incarceration without trial infringes the fundamental right to personal liberty under Article 21, requiring bail to be granted in cases of no substantive evidence against the accused and ex....
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
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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