Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1100

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA, J.
Praveen Kumar - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr.MP(M) No.2294 of 2024
Decided On : 10-01-2025

Advocates Appeared:
For the Petitioner: Mr. Udaynand Sharma.
For the Respondent:Mr. Vishav Deep Sharma, Additional Advocate General.

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.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 20 and 29 - Bail petition filed by defendant seeking release from custody due to prolonged incarceration while being presumed innocent - Court finds no prima facie case against the defendant based on witness testimony and the nature of the evidence presented - Court underscores the necessity of balancing personal liberty against societal interest, resulting in a favorable bail decision - Petition granted based on absence of criminal antecedent and completed investigation; trial likely to take time. (Paras 10, 12, 24-26)

(B) Parameters for Bail Grant - High Court delineates the principles outlined by the Supreme Court affirming that bail is the rule, and incarceration is an exception, stressing the need for trial expediency and personal liberty under Article 21 of the Constitution. (Paras 6-14)

(C) Accusation & Defense - Defendant has been in custody since December 2023, indicating that no reasonable grounds exist to believe the accused is guilty at this stage, providing the basis for the bail order. (Paras 9, 10, 23)

Table of Content
1. bail petition filed by praveen kumar. (Para 2)
2. state's response to bail petition. (Para 3 , 4)
3. relevant statutory provisions for consideration. (Para 5 , 6)
4. factors considered for grant of bail. (Para 9 , 10 , 17)
5. importance of timely trial for bail consideration. (Para 11 , 12)
6. conclusion and conditions for bail. (Para 22 , 23 , 24 , 25)

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner [Praveen Kumar], who is in custody since 19.12.2023 has come up before this Court, seeking regular bail, under Section 483 of the Bhartiya Nagrik Suraksha Sahinta, hereinafter (hereinafter referred to as BNSS ), originating from the FIR No.160 of 2023 dated 19.12.2023, registered at Police Station Dharampur, District Mandi, [HP], under Sections 20 and 29 of the Narcotic Drugs andPsychotropic Substances Act (referred to as the NDPS Act).

FACTUAL MATRIX IN INSTANT BAIL PETITION:

2. Case as set up by Mr. Udaynand Sharma, Learned Counsel is that the bail petitioner has been implicated by police in FIR No.160 of 2023, alleging that on 19.12.2023 at about 10:00 AM, while, the police was on patrolling near Shivduala, near Kaccha Road, a Taxi bearing registration No.HP-01M-4495 came, in which, the petitioner and the co-accused Rajinder Singh were travelling. On seeing the police, the co-accused Rajinder Singh become perplexed and tried to run away and policy apprehended him and to have recovered the bag, containing the alleged contraband which was kept near handbrake of the front seat of vehicle.

Pursuant thereto, the search was conducted and bag was found to be containing 1.44 grams of Cannabis/Charas. Case of the petitioner is that bail petitioner is innocent and has been falsely implicated and nothing has been recovered from or at the instance of bail petitioner. It is averred that the bail petitioner has filed an application for bail, which was withdrawn on 16.3.2024, Annexure P-1 and the second bail application which was dismissed on 28.06.2024, Annexure P-2 by this Court. It is averred that the Investigation is complete and the Challan -Final Police Report has been presented before the jurisdictional Magistrate. It is averred that prosecution intends to examine 20 PW’s. The bail petitioner has furnished undertakings that he shall abide by all the terms and conditions of the bail as may be imposed by this Court, with further undertaking that the bail petitioner shall not causing any inducement, threat or promise to any person or persons acquainted with the facts of the case .

In this background, the prayer for bail has been made.

STAND OF STATE AUTHORITES IN STATUS REPORT:

3. Pursuant to the issuance of notice on 3.1.2025, the State Authorities have furnished Status Report dated 7.1.2025, on Instructions of Station House Office, Police Station Dharampur, District Mandi, [H.P.]

3(i). Perusal of Status Report, reveals that the prosecution story is that on 19.12.2023, the police patrolling party headed by Sub Inspector, Jaswant Singh along-with other police personnel was on checking at Shivduala near link road Bhed Balh Piple Tayala, at about 10AM. During checking duty, a Taxi bearing Registration No. HP-01M-4495 came from Sarkaghat to Dharampur, and the aforesaid car was signaled to be stopped. On stopping of car, bail petitioner [Praveen Kumar] and the co-accused [Rajinder Singh] came out of car and on noticing the police, the co-accused Rajinder Singh became perplexed and tried to run away. Police apprehended the co-accused Rajinder Singh. Thereafter car was searched when, a bag containing contraband i.e. Cannabis/Charas was found, which upon weighing turned out to be 1 Kg 44 grams. After completing the codal formalities, the Rukka was sent leading to the registration of FIR.

3(ii). Status Report reveals that Investigation started and the Statements under Section 161 Cr.P.C were recorded. Status Report reveals that compliance of Section 52 -A was made at instance of police, by Magistrate concerned. Police took into custody the RC,