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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Subham Choudhary – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner apprehended with 12g heroin during chase. (Para 2 , 3) |
| 2. petitioner alleges illegal arrest; state cites antecedents. (Para 4 , 5 , 6) |
| 3. bail decided per supreme court judicious principles. (Para 7 , 8 , 9) |
| 4. no grounds needed for red-handed arrest. (Para 10 , 11 , 12 , 13) |
| 5. police suspicion valid; witnesses independent. (Para 14 , 15) |
| 6. ndps bail cautious due to drug menace. (Para 16 , 17) |
| 7. concealing prior firs disentitles bail. (Para 18 , 19 , 20 , 21) |
| 8. antecedents justify denying bail. (Para 22 , 23 , 24 , 25) |
| 9. bail petition dismissed; observations limited. (Para 26 , 27 , 28) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 43 of 2025 dated 09.03.2025, registered for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS’) at Police Station Dharamshala, District Kangra, H.P.
2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 09.03.2025. A vehicle sped away towards Charan Khad at 1:50 p.m. after seeing the police. The police became suspicious, followed the vehicle, an
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The Court ruled that bail cannot be granted in drug-related offenses without careful consideration of the accused's antecedents, emphasizing public safety.
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The court emphasized that bail is not an automatic right, especially in drug offenses, considering the applicant's criminal history and the need to protect societal order.
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Bail denied in NDPS case to accused with multiple prior offences and absconding history, prioritizing criminal antecedents, repetition risk, trial presence security, and societal protection from drug....
Bail denied in NDPS case with intermediate heroin quantity due to prima facie conscious possession in own house, rejection of parity over differing co-accused roles, and criminal antecedents indicati....
Vehicle occupants in conscious possession of intermediate heroin quantity recovered therein; bail denied despite no Section 37 rigours, considering drug menace, criminal antecedents, trafficking indi....
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