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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sachin Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. bail petition under ndps section 21 for 13.7g heroin. (Para 1 , 2 , 3) |
| 2. trial delay argued against criminal antecedents. (Para 4 , 5 , 6) |
| 3. successive bail requires material circumstances change. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. intermediate quantity; protracted trial delay noted. (Para 14 , 15) |
| 5. speedy trial fundamental right under article 21. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. delay violation grants bail despite antecedents. (Para 26 , 27) |
| 7. bail granted subject to conditions. (Para 28 , 29 , 30 , 31) |
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
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