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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shubham Chaudhary – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. alleged recovery of 12g heroin from petitioner. (Para 2 , 3) |
| 2. bail rule over jail; judicious discretion required. (Para 4 , 7 , 8 , 9 , 10) |
| 3. long incarceration and trial delay justify bail. (Para 5) |
| 4. no change since prior bail dismissal. (Para 6) |
| 5. successive bail needs material circumstances change. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 6. small quantity, delay warrant further detention unjust. (Para 17 , 18) |
| 7. trial delay violates article 21 speedy trial right. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 8. antecedents not bar after long incarceration. (Para 30) |
| 9. bail granted subject to conditions and bonds. (Para 31 , 32 , 33 , 34) |
The petitioner has filed the present petition for seeking regular bail in FIR No. 43 of 2025, dated 9.3.2025, 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 (NDPS) Act.
2. It has been asserted that, as per the prosecution, the police were present on Charan Khadd, Badol. A vehicle came to the spot, and the driver increased the speed of the vehicle after seeing the
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.
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....
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.
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
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....
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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