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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Raman Kumar @ Rambo – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioner apprehended with 10g intermediate heroin quantity. (Para 1 , 2 , 3) |
| 2. arguments: trial delay vs. recidivism risk. (Para 4 , 5 , 6 , 7) |
| 3. bail requires judicious consideration of antecedents, offence. (Para 8 , 9) |
| 4. prolonged detention; trial delay; section 37 inapplicable. (Para 10 , 11 , 12 , 13) |
| 5. speedy trial fundamental right under article 21. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. delay entitles bail despite criminal antecedents. (Para 24 , 25) |
| 7. bail granted subject to conditions and surety. (Para 26 , 27 , 28 , 29) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 13 of 2025, dated 15.01.2025, registered at Police Station Dharamshala, District Kangra, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 15.01.2025. They saw the petitioner carrying a backpack coming from Dadnu. He tried to run away after seeing the police. The police apprehended him, and the petitioner identified himself as Rama
In NDPS cases with intermediate contraband quantity, over one-year incarceration and trial delay violate Article 21 speedy trial right, entitling bail despite antecedents as State cannot oppose on cr....
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
Successive NDPS bail granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.
Successive NDPS bail applications allowed on change in circumstances like trial delay infringing speedy trial right under Article 21, overriding offence seriousness and antecedents for grant of bail.
Prolonged trial delay in NDPS intermediate quantity case violates speedy trial right under Article 21, constituting change in circumstances for successive bail despite prior rejections and antecedent....
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
In NDPS case, regular bail granted due to one-year pre-trial custody and trial delay violating Article 21 speedy trial right, despite antecedents; proportionality applied to quantity, State cannot op....
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
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