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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Vishavdeep alias Vishwadeep alias Aala – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail application initiated under ndps act. (Para 1 , 2) |
| 2. arguments on rights of the petitioner. (Para 3 , 4) |
| 3. consideration of successive bail applications. (Para 5 , 6 , 7) |
| 4. need for substantial change in circumstances. (Para 8 , 9 , 10) |
| 5. successive bail applications require significant changes. (Para 11 , 12) |
| 6. delay in trial not sufficient for bail. (Para 13 , 14) |
| 7. gravity of the offence undercuts bail arguments. (Para 15 , 16 , 17) |
| 8. trial process indicates no significant delay. (Para 18) |
| 9. bail application denied based on analysis. (Para 19 , 20) |
JUDGMENT :
Sushil Kukreja, J.
The instant bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short “ BNSS ”) for grant of bail in case FIR No. 71 of 2023, dated 05.05.2023, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”), registered at Police Station Manali, District Kullu, H.P.
2. The facts giving rise to the instant petition can be summarized as under:
2(a). On 04.05.2023, the police party was on patrolling duty and around 10:00 p.m., when they were present near Jeep Union, Bhootnath Mandir Manali, t
The severity of allegations in a narcotics case prohibits bail unless substantial changes in circumstances are demonstrated, regardless of the length of pre-trial custody.
Successive bail applications require substantial changed circumstances, not mere trial delay or prolonged incarceration, especially in grave offences like murder.
Successive bail applications require substantial change in circumstances; without such change, they cannot be entertained.
Successive bail applications require substantial change in circumstances; mere delay in trial does not suffice for bail in serious offenses.
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....
Successive bail applications require substantial change in circumstances; filing charge sheet does not qualify as such, nor does unproven trial delay. Courts must exercise restraint to uphold judicia....
In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.
The significance of the commercial quantity of narcotic drugs and psychotropic substances and the impact of the ongoing pandemic on trial proceedings were central legal points established in the judg....
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