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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Rishabh Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's bail application and factual background. (Para 1 , 2) |
| 2. court's analysis of circumstances surrounding bail. (Para 3 , 6 , 8 , 10 , 11) |
| 3. arguments for and against bail. (Para 4 , 5) |
| 4. legal standards for granting bail. (Para 7 , 9) |
| 5. conclusion and order regarding bail grant. (Para 12 , 13 , 15 , 16 , 17) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was an employee of M/s Allied Pharma and was wrongly arrayed as a party. The petitioner has been in judicial custody since 18.08.2023. Accused Ankit Singla and Ankush Singla. Directors of M/s KC Overseas, were granted bail by the Court. No specific role was assigned to the petitioner regarding his participation.The competent persons of M/S KC Overseas were released on bail by the Co-ordinate Bench of this Court. The prosecution cited forty-six (46) witnesses and only three (3) witnesses have been examined. The conclusion of the trial is likely to take some time. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.
2. The petition is opposed by filing a status repo
The court held that delays in trial can justify bail, emphasizing that the presence of the accused during proceedings is paramount, balancing the seriousness of the offence against procedural delays.
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....
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the prolonged custody of the petitioner, despite the serious nature of the charges.
The central legal point established in the judgment is the consideration of the unlikelihood of carrying contraband in a transparent bag, non-compliance with Section 50 of the Act, and the absence of....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
The central legal point established in the judgment is the significance of considering the merits of the case and the period of custody in granting bail in cases involving commercial quantity of cont....
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