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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sachin Sharma – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking regular bail in FIR No. 2 of 2025, dated 02.01.2025, registered at Police Station Ghumarwin, District Bilaspur, 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's story, the police recovered 13.7 grams of heroin and arrested the petitioner. The allegations against the petitioner are false. The petitioner has no role in the commission of the crime, and the prosecution’s case is based on an imaginary story. The police have filed the chargesheet before the Court. The petitioner had earlier filed the bail petition before this Court, which was registered as Cr.MP(M) No. 1251 of 2025 and was dismissed on 25.06.2025. The petitioner was earlier convicted in FIR No. 43/2018 and was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 5,000/-. Another FIR No. 13 of 2024 is pending against the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and th
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 granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
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 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.
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....
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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