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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ramesh Kumar alias Aju – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's request for bail based on innocence. (Para 1 , 2) |
| 2. arguments against granting bail due to serious accusations. (Para 3 , 6) |
| 3. court's consideration of submissions and bail parameters. (Para 4 , 7 , 8) |
| 4. judicial principles governing bail decisions. (Para 9 , 11) |
| 5. bail granted with stipulated conditions. (Para 15 , 17) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 47 of 2025, dated 03.05.2025, registered for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’) at Police Station Jawali, District Kangra, H.P.
2. It has been asserted that, as per the prosecution, the police party had set up a Nakka on 03.05.2025 near 32 Mile. Gagan Singh and Shubham came to the spot from a Dhaba. In the meantime, a vehicle bearing registration HP-38J-1001 came from Kangra. The police signalled the driver of the vehicle to stop it. The occupants of the vehicle got frightened after seeing the police, and the driver reversed the vehicle. The police stopped the vehicle and enquired about the names and
Financial transactions and call records alone are insufficient to justify denial of bail under the NDPS Act when no substantial evidence connects the accused to the crime.
In NDPS commercial quantity cases, co-accused confessional statements (inadmissible under Evidence Act Section 25 & CrPC 162) and financial transactions alone insufficient to deny bail under Section ....
The court ruled that co-accused statements are inadmissible evidence, and insufficient evidence exists to justify continued detention, leading to bail being granted with specific conditions.
Co-accused's confessional statement to police inadmissible against petitioner; financial transactions insufficient for prima facie nexus in commercial quantity NDPS case, satisfying Section 37 twin c....
Bail should not be denied based on inadmissible evidence; the evaluation of admissible evidence is paramount in bail considerations.
In NDPS commercial quantity cases, co-accused confessional statements inadmissible against petitioner; call detail records alone insufficient for Section 37 twin conditions; bail on parity where co-a....
Financial transactions and call detail records alone insufficient for prima facie NDPS involvement or financing under Section 27A; mere drug purchase not financing. Bail granted despite prior offence....
In NDPS cases, co-accused confessional statements to police, call detail records, and financial transactions alone insufficient for prima facie case denying regular bail; further detention unjustifie....
In NDPS commercial quantity cases, bail requires court satisfaction of twin conditions under Section 37: reasonable grounds accused not guilty and unlikely to reoffend; co-accused confessional statem....
Co-accused statements inadmissible in NDPS bail; call records, financial transactions and mobile photos insufficient alone to establish prima facie case or satisfy Section 37 rigours absent direct re....
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