Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Jagdish Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail application context and basis. (Para 1 , 2 , 3) |
| 2. arguments for and against bail. (Para 5 , 6) |
| 3. conditions for subsequent bail applications. (Para 8 , 9 , 10 , 11 , 12 , 14) |
| 4. prolonged incarceration not a sufficient ground for bail. (Para 16 , 17) |
| 5. conclusion and dismissal of the bail petition. (Para 20 , 21) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 146 of 2024, dated 08.10.2024, registered for the commission of offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’) at Police Station Kala Amb, District Sirmour, H.P.
2. It has been asserted that the petitioner was arrested in F.I.R. No.146 of 2024, dated 08.10.2024. He has nothing to do with the commission of crime. No recovery was made from his possession. The investigation is complete, and the charge sheet has been filed before the Court. The petitioner had earlier filed a bail petition bearing Cr.MP(M) No. 1051 of 2025, which was dismissed by this Court on 04.08.2025. The petitioner would abide by all the terms and conditions that the Court may impose. Henc
Successive bail applications require a material change in circumstances; mere delay in trial does not meet the statutory conditions for bail under Section 37 of the NDPS Act.
A material change in circumstances is required for reconsideration of bail applications; otherwise, previous denials remain binding.
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 NDPS bail applications require material change in circumstances and Section 37 twin conditions satisfaction; prolonged incarceration or recovery suspicions alone insufficient without such ....
Successive bail applications require material change in circumstances; no review of prior rejections. Belated Article 22(1) non-communication plea after multiple bail denials and red-handed arrest re....
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....
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
Bail applications must disclose prior criminal history, with courts assessing the risk of re-offending and societal safety when considering bail requests.
Possession of an intermediate quantity of narcotics does not guarantee bail; each case must be assessed on its own facts considering societal implications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
