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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shubham Chaudhary – Appellant
Versus
State of HP – Respondent
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 police party. The police chased the vehicle and apprehended it near Shukla Nursing Home. The driver disclosed his name as Shubham Chaudhary (present petitioner). The police recovered 12 grams of heroin after searching the vehicle. These allegations are false. No recovery was made from the petitioner. The petitioner has been in custody since 9.3.2025. The prosecution has failed to complete the trial, which violates the right to a speedy trial. Hence, it is prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 09.03.2025. A vehicle cross
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.
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....
The right to a speedy trial is fundamental, and prolonged detention without trial justifies bail, even with prior convictions.
Prolonged pre-trial detention without expeditious trial violates Article 21, entitling accused to bail despite prior rejection, if material trial delays or changed circumstances exist.
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