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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Jitender Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner [Jitender Singh], who is in custody since 06.03.2024 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.33 of 2024 dated 06.03.2024, registered at Police Station Chowari, District Chamba, [H.P.], underSections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).
FACTUAL MATRIX IN BAIL PETITION:
2. Case of the petitioner as set up by Ms. Ranjeeta Meghta and Mr. Paras Ram, Advocates, is that bail petitioner met two other co-accused at Bus Stand Pathankot [Punjab], when, he was asked by other two co-accused to visit Chamba [Himachal Pradesh] for sight-seeing. Bail petitioner reached Chamba on 05.03.2024. On the next day, on 06.03.2024, bail petitioner boarded a Bus No.HP-73-2697 from Chamba to Pathankot and as soon as the bus reached Tunihatti at about 11:30 a.m., the bus was intercepted by Police Patrolling Party. Bail petitioner along with two other co-accused were seated at seat Nos.41, 41 and 42 of the aforesaid bus. It is averred in the bail petition that co-accus
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....
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.
Prolonged pre-trial detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
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 incarceration without trial violates personal liberty; bail is granted when no reasonable grounds exist for guilt.
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.
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....
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.
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
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