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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
SANDEEP SHARMA
Adhi Atwal – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition for bail after arrest. (Para 1 , 3) |
| 2. arguments related to evidence and implications. (Para 5 , 6) |
| 3. analyzing evidence and legal precedents on bail. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. grant of bail conditions set. (Para 18) |
| 5. final orders and conditions for bail. (Para 19 , 21) |
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of petitioner Adhi Atwal, who is behind bars since 27.12.2025, for grant of regular bail in case FIR No.165/2025, dated 29.09.2025, under Sections 21 and 29 of NDPS Act, registered at Police Station Ghumarwin, District Bilaspur.
2. Respondent/State has filed status report and ASI Lalit Kumar, IO, PS Ghumarwin, District Bilaspur, has come present along with record. Record perused and returned.
3. Close security of record/status report reveals that on 29.09.2025 at 04:30 pm, Police party present near Toll Plaza, Baloh, Bilaspur, stopped one car bearing No.T0825PB5265E, Honda Amaze, for checking. On inquiry, driver of the vehicle disclosed to the Police that vehicle in question is a Taxi and the same was hired fr
Bail should not be denied solely based on co-accused statements without sufficient evidence; the presumption of innocence persists until proven guilty, emphasizing that the general rule favors bail.
Point of Law : Object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative.
Point of Law : Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment, which conviction will entail, character of the accused, circumstance....
Confessional statements under Section 67 NDPS inadmissible against accused; no conscious possession means no Section 22 case; bail grantable in commercial quantity despite Section 37 if false implica....
A confessional statement made before an officer designated under Section 42 or Section 53 of the NDPS Act cannot be the sole basis for conviction without safeguards. Even in cases involving commercia....
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
Object of the bail is to secure the attendance of the accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is....
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....
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