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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Kalu Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail petition background and reasons for filing. (Para 1 , 2) |
| 2. arguments from both sides regarding bail. (Para 3 , 4 , 5) |
| 3. court's observations on the evidence and legal parameters. (Para 6 , 7) |
| 4. court's ruling on the merits of the bail application. (Para 8 , 9) |
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner [Kalu Ram], who is in custody since 14.02.2024 has come up before this Court, seeking regular bail, under Section 483 of the Bhartiya Nagrik Suraksha Sahinta, (hereinafter referred to as BNSS ), originating from FIR No.33 of 2024 dated 14.02.2024, registered at Police Station, Kullu, District Kullu [H.P.], under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).
FACTUAL MATRIX IN BAIL PETITION:
2. Case set up by Mr. Vinay Thakur and Mr. Maan Singh, Learned Counsels is that the bail petitioner has been falsely implicated in FIR No. 33 of 2024 dated 14.02.2024, registered at Police Station, Kullu, District Kullu [H.P.], under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act). It is averred that bail petitioner has not committed any offence and he is not connect
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 detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
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.
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
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 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 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.
Bail granted in NDPS commercial quantity case: no recovery from petitioner, co-accused confession inadmissible, no prima facie guilt under Sec 37, prolonged 10-month incarceration with trial delay vi....
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 detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
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