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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Rakesh @ Raka – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. the necessity for a bail petition to show reasonable evidence and the implications of prior criminal records. (Para 1 , 2) |
| 2. the grounds for bail and the court's consideration of parity in bail applications. (Para 3 , 4 , 5 , 6 , 7) |
| 3. the strict adherence to ndps act requirements for bail consideration. (Para 8 , 9 , 10 , 11) |
| 4. the court's view on the burden of proof on the applicant in bail hearings. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. decision reiterating the implications of criminal history on bail decisions. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
JUDGMENT :
Anoop Chitkara, J. -
FIR No. | Dated | Police Station | Sections |
271 | 28.06.2023 | Sector 13/17, District Panipat | 20 of NDPS Act ( Section 29 of NDPS Act added later on) |
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2. Per paragraph 14 of the bail application and para 7 of the status report dated 06.01.2025, the accused has the following criminal antecedents:
Sr. No. | FIR No. | Date | Offenses | Police Station |
1. | 240 | 27.01.2022 | 20, 25 of NDPS Act | Ganaur |
2. | 600 | 18.10.2022 | 323, 365, 384, 506, 201, 34 IPC | Ganau |
The court underscored the stringent bail conditions under the NDPS Act, demanding substantial evidence to justify release for defendants in drug-related cases.
Bail under NDPS Act requires proof of innocence and no likelihood of re-offending, especially for commercial quantities.
Bail denied in NDPS commercial quantity case as accused failed twin conditions of Section 37: no reasonable grounds to believe not guilty given prima facie conscious possession via concealment attemp....
The court's decision emphasizes the importance of considering the quantity of contraband, criminal antecedents, and the possibility of influencing the investigation in bail decisions, and the need fo....
Bail in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds accused not guilty and unlikely to reoffend; negation of bail is rule, grant except....
Bail denied under NDPS Section 37 for commercial quantity as petitioner accompanying contraband bearer fled police sans explanation, failing twin conditions of reasonable belief in non-guilt and no r....
Bail denied in NDPS commercial quantity case as vehicle occupants prima facie in conscious possession of contraband; twin conditions under Section 37 not satisfied despite trial delay.
Bail denied in NDPS commercial quantity case as vehicle owner prima facie in conscious possession of concealed charas absent explanation; twin conditions of Section 37 not satisfied – reasonable grou....
Bail denied in commercial quantity NDPS case as twin conditions under Section 37 unsatisfied: reasonable grounds exist to believe petitioner guilty of conscious possession and likely to reoffend, sup....
Bail rejected in NDPS commercial quantity case as petitioner failed Section 37 twin conditions; conscious possession from vehicle recovery established prima facie; medical disability and trial progre....
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