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SANDEEP MOUDGIL
Ashish Kumar Alias Ashu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sandeep Moudgil, J. (Oral)
Relief Sought
The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked seeking the concession for the grant of regular bail to the petitioner in case FIR No.671, dated 29.07.2022, registered under Sections 22(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 27A and 29 of NDPS Act added later on) at Police Station City Karnal, District Karnal.
2. Prosecution story set up in the present case as per the version in the FIR read as under :-
The presumption of innocence is fundamental, and bail is the general rule, particularly when the accused has not been directly implicated and has suffered significant pre-trial detention.
The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
The presumption of innocence and the right to a speedy trial necessitate the grant of bail, emphasizing that incarceration should be the exception, not the rule.
The fundamental principle of criminal jurisprudence that 'Bail is the Rule and Jail is an Exception' and the right to a speedy trial are central legal points established in the judgment.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
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