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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Tidj Mamane @ Tidy Mamane – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. factual background of ndps arrest via co-accused. (Para 1 , 2 , 3 , 4) |
| 2. bail parameters balance liberty and societal interests. (Para 5 , 6) |
| 3. co-accused confessions inadmissible per tofan singh. (Para 7) |
| 4. no contraband recovery supports bail grant. (Para 8) |
| 5. bail on parity with released co-accused. (Para 9) |
| 6. prolonged incarceration violates article 21 rights. (Para 10 , 11 , 12) |
| 7. no antecedents or flight risk favors bail. (Para 13 , 14 , 15 , 16) |
| 8. foreigner status not absolute bar to bail. (Para 17) |
| 9. arrest lawful; produced within 24 hours. (Para 18) |
| 10. bail granted with stringent conditions. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
RANJAN SHARMA, J.
1. Bail petitioner, Tidj Mamane @ Tidy Mamane, being in custody since 29.02.2024, has come up before this Court, seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as 'BNSS'] originating from FIR No.11 of 2024, dated 10.02.2024, under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as NDPS] and Section 14 of the Foreigners Act, registered at Police Station Parwanoo, District Solan, [HP].
FACTUAL MATR
In NDPS cases, co-accused confessions inadmissible for bail denial absent contraband recovery; prolonged pre-trial detention of foreign national with immigration violations violates Article 21; bail ....
Bail is granted when no prima facie case exists against the accused, emphasizing the right to personal liberty under Article 21, especially during prolonged incarceration and delay in trial.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
The court reinforced that bail serves to protect an individual's personal liberty, particularly when prolonged detention without trial raises constitutional concerns under Article 21, emphasizing the....
Bail granted in NDPS commercial quantity case: no recovery from petitioner, co-accused confession inadmissible, no prima facie guilt under Sec 37, prolonged 10-month incarceration with trial delay vi....
Prolonged incarceration without trial infringes the fundamental right to personal liberty under Article 21, requiring bail to be granted in cases of no substantive evidence against the accused and ex....
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
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