24.03.2026 vs State Of Himachal Pradesh on 24 March, 2026

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    Himachal Pradesh High Court

    Date Of Decision: 24.03.2026 vs State Of Himachal Pradesh on 24 March, 2026

    Author: Sandeep Sharma

    Bench: Sandeep Sharma

                                                                                              2026:HHC:8796
    
    
    
    
             IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
    
                                                                  Cr. MP (M) No.337 of 2026
    
    
    
    
                                                                                 .
                                                           Date of Decision: 24.03.2026
    
    
    
    
    
        -----------------------------------------------------------------------------------------
        Rajinder Kumar                                                            ...Petitioner
                                                Versus
    
    
    
    
    
        State of Himachal Pradesh                                             ...Respondent
        -----------------------------------------------------------------------------------------
        Coram:
    
    
    
    
                                                     of
        The Hon'ble Mr. Justice Sandeep Sharma, Judge.
    
        Whether approved for reporting?1
        -----------------------------------------------------------------------------------------
                           rt
        For the Petitioner:                   Mr. George, Advocate.
        For the Respondent:                       Mr. Rajan Kahol & Mr. Vishal Panwar,
                                                  Additional Advocate Generals with Mr.
    
                                                  Ravi Chauhan & Mr. Anish Banshtu,
                                                  Deputy Advocates General.
        ------------------------------------------------------------------------------------------------
        Sandeep Sharma, J. (Oral)
    

    Bail petitioner namely, Rajinder Kumar, who is behind

    the bars since 08.12.2023, has approached this Court in the instant

    SPONSORED

    proceedings filed under Section 483 of the Bharatiya Nagarik

    Suraksha Sanhita, for grant of regular bail in case FIR No. 87 of

    2023, dated 08.12.2023, under Sections 21 & 22 of the NDPS Act,

    registered at police Station, Dalhousie, District Chamba, Himachal

    Pradesh.

    2. Pursuant to the notice issued in the instant

    proceedings, respondent-State has filed status report and ASI

    1
    Whether reporters of the local papers may be allowed to see the judgment?

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    2 2026:HHC:8796

    Yash Pal has come present with the record. Record perused and

    returned.

    .

    3. Close scrutiny of the status report/record reveals that

    on 07.12.2023, at about 03.46 PM, while police party was on

    patrolling duty and was going towards Banikhet Kheri bridge, it

    received secret information that person, namely, Rajinder Kumar

    of
    i.e. petitioner herein R/o village Gandhari, Tehsil Ramban, District

    Ramban (J&K) and presently residing in Mohalla Balmiki Ward
    rt
    No.4, Sadar Bazar Dalhousie, District Chamba, Himachal Pradesh

    indulges in illegal trade of narcotics. On receipt of aforesaid secret

    information, police after having associated independent witnesses,

    raided the room of the petitioner and allegedly recovered six

    cartons of prohibited drugs containing narcotic substance. Police,

    besides other medicine, also recovered strips having 833 tablets of

    Tramadol Hydrochloride & Paracetamol IP containing narcotics

    substance. Since no plausible explanation ever came to be

    rendered on record qua possession of aforesaid prohibited drugs

    containing narcotics substance, police after having completed

    necessary codal formalities, lodged the FIR, as detailed

    hereinabove and since then, bail petitioner is behind the bars.

    Since investigation in the case is complete and nothing remains to

    be recovered from the bail petitioner, he has approached this Court

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    in the instant proceedings for grant of bail on the ground of

    inordinate delay in conclusion of trial.

    .

    4. While fairly admitting factum with regard to filing of the

    challan in the competent court of law, Mr. Rajan Kahol, learned

    Additional Advocate General, states that though nothing remains to

    be recovered from the bail petitioner, but keeping in view the

    of
    gravity of offence alleged to have been committed by him, he does

    not deserve any leniency. Mr. Kahol, states that there is
    rt
    overwhelming evidence adduced on record by the prosecution

    suggestive of the fact that bail petitioner is a drug peddler and he

    had been selling prohibited drugs containing narcotics substance

    to young children and as such, it may not be in the interest of

    justice to enlarge him on bail because in the event of his being

    enlarge on bail, he may not only flee from justice, but may again

    indulge in these activities. He further states that otherwise also, 17

    witnesses, out of 28 prosecution witnesses, stand examined and

    Court below has already fixed the matter on 3rd & 4th June, 2026

    for recording the statements of six witnesses and as such, prayer

    made on behalf of the petitioner for grant of bail on the ground of

    inordinate delay in conclusion of trial is not sustainable.

    5. Having heard learned counsel for the parties and

    perused material available on record, this Court is not persuaded

    to agree with learned counsel for the petitioner that petitioner has

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    been falsely implicated, rather this Court finds that commercial

    quantity of contraband came to be recovered from the conscious

    .

    possession of the petitioner in the presence of independent

    witnesses. However, having taken note of the fact that bail

    petitioner is behind bars for more than two years and till today

    prosecution has not been able to record the statements of all the

    of
    prosecution witnesses, this Court is persuaded to consider the

    prayer made on behalf of the petitioner for grant of bail on the
    rt
    ground of inordinate delay in conclusion of trial.

    6. Admittedly, in the case at hand, police, besides

    recovering 833 tablets of Tramadol Hydrochloride & Paracetamol

    IP, had recovered some other medicine also, but since same did

    not contain narcotics substance, case under Drugs and Cosmetic

    Act stands registered against the petitioner, which is not the

    subject matter of the present case.

    7. Admittedly, as of today, prosecution has been able to

    examine only 17 witnesses out of 28, meaning thereby

    considerable time is likely to be consumed in recording the

    statements of remaining witnesses. Since prosecution took almost

    two years to record the statements of 17 witnesses, this Court has

    reason to believe and presume that considerable time is likely to

    be consumed in recording the statements of the remaining

    witnesses. Though, Court below has already fixed the matter for 3rd

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    & 4th June, 2026 for recording the statement of six prosecution

    witnesses, but learned counsel for the petitioner, on instructions,

    .

    states that in past on number of occasions witnesses summoned

    by the Court below did not come, as a result of which, trial is being

    delayed to the detriment of the petitioner, who otherwise claims

    himself to be innocent.

    of

    8. No doubt, in the case at hand, rigours of Section 37 of

    the Act are attracted for the reason that commercial quantity of
    rt
    contraband came to be recovered from the possession of the bail

    petitioner, but bare perusal of Section 37 nowhere suggests that

    there is complete bar under aforesaid provision of law to grant bail

    in cases involving commercial quantity, rather bare reading of

    section 37 clearly reveals that Court can proceed to consider the

    prayer made, if any, for grant of bail in the cases involving

    commercial quantity, but for that purpose, Court is to first afford

    opportunity of hearing to the public prosecutor and in case it is

    satisfied that person concerned has been falsely implicated and

    there is no likelihood of his indulging in illegal trade again, it can

    proceed to grant bail in the cases involving commercial quantity of

    contraband.

    9. By now, it is well settled that speedy trial is legal right

    of the accused and one cannot be made to suffer indefinitely for

    delay in trial and as such, this Court sees no reason to keep the

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    bail petitioner behind the bars for indefinite period during trial.

    Delay in trial has been held to be in violation of the right

    .

    guaranteed under Article 21 of Constitution of India. Reliance is

    placed on judgment passed by the Hon’ble Apex Court in case

    titled Umarmia Alias Mamumia v. State of Gujarat, (2017) 2 SCC

    731, relevant para whereof has been reproduced herein below:-

    of
    “11. This Court has consistently recognised the right of the accused for a speedy trial.

    Delay in criminal trial has been held to be in violation of the right guaranteed to an
    accused under Article 21 of the Constitution of India. (See: Supreme Court Legal Aid
    Committee v. Union of India
    , (1994) 6 SCC 731; Shaheen Welfare Assn. v. Union of
    India
    , (1996) 2 SCC 616) Accused, even in cases under TADA, have been released on
    bail on the ground that they have been in jail for a long period of time and there was no
    rtlikelihood of the completion of the trial at the earliest.
    (See: Paramjit Singh v. State (NCT
    of Delhi
    ), (1999) 9 SCC 252 and Babba v. State of Maharashtra, (2005) 11 SCC 569).”

    10. Hon’ble Apex Court having taken note of inordinate

    delay in conclusion of trial in similar facts ordered for enlargement

    of accused on bail in Nitish Adhikary @ Bapan v. The State of

    West Bengal, Special Leave to Appeal (Crl.) No. 5769 of 2022

    decided on 1.8.2022 and in Abdul Majeed Lone v. Union

    Territory of Jammu and Kashmir, Special Leave to Appeal (Crl)

    No. 3961 of 2022, decided on 1.8.2022, who were also framed

    under Narcotic Drugs and Psychotropic Substances Act and were

    behind the bars for approximately two years and there was no

    likelihood of conclusion of trial in near future, subject to certain

    conditions.

    11. Placing reliance upon aforesaid judgments, a Co-

    ordinate Bench of this Court in CrMP(M) No. 1328 of 2022 titled

    Roop Singh v. State of Himachal Pradesh, decided on 6.9.2022,

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    also ordered for enlargement of an accused, who was allegedly

    apprehended carrying commercial quantity of Tramadol, on the

    .

    ground of delay in conclusion of trial.

    12. Learned Counsel appearing for the petitioner, to

    substantiate his plea for enlarging the petitioner on bail, has

    referred to order dated 12.10.2020 passed by a three judges

    of
    Bench of the Supreme Court, in Criminal Appeal No. 668 of 2020,

    titled Amrit Singh Moni v. State of Himachal Pradesh, whereby
    rt
    petitioner therein, facing trial for recovery of 3.285 kilograms

    charas from a vehicle, alongwith four other persons, was enlarged

    on bail, for having been in detention for 2 years and 7 months, as

    till then out of 14 witnesses, 7 witnesses were yet to be examined

    and last witness was examined in February, 2020 and, thereafter,

    there as no further progress in the trial.

    13. Learned Additional Advocate General, while referring

    to judgment of a three Judges Bench of Supreme Court, passed on

    19.7.2022 in Narcotics Control Bureau v. Mohit Aggarwal

    contends that period of detention cannot be a ground for enlarging

    the petitioner on bail.

    14. Hon’ble Apex Court in Javed Gulam Nabi Shaikh Vs.

    State of Maharashtra and Another, Criminal Appeal No.2787 of

    2024, decided on 03.07.2024, adversely commented upon the

    approach of trial Court as well as High Court while considering the

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    prayer for grant of bail. In the aforesaid judgment, Hon’ble

    Supreme Court having taken note of the fact that appellant in that

    .

    case was in jail for last four years and Court till that date was not

    able to frame charges, proceeded to enlarge accused on bail in a

    case registered under the provisions of Unlawful Activities

    (Prevention) Act, 1967. In no uncertain terms, Hon’ble Apex Court

    of
    in aforesaid judgment held that, however serious a crime may be,

    an accused has right to speedy trial, as enshrined in Article 21 of
    rt
    the Constitution of India. Relevant Paras of aforesaid judgment are

    reproduced herein below, which reads as under:

    “7. Having heard the learned counsel appearing for the parties
    and having gone through the materials on record, we are inclined to

    exercise our discretion in favour of the appellant herein keeping in
    mind the following aspects:

    (i) The appellant is in jail as an under-trial prisoner past four years;

    (ii) Till this date, the trial court has not been able to even proceed to
    frame charge; and

    (iii) As pointed out by the counsel appearing for the State as well as
    NIA, the prosecution intends to examine not less than eighty
    witnesses.

    8. Having regard to the aforesaid, we wonder by what period of
    time, the trial will ultimately conclude. Howsoever serious a crime may
    be, an accused has a right to speedy trial as enshrined under the
    Constitution of India.

    9. Over a period of time, the trial courts and the High Courts have
    forgotten a very well settled principle of law that bail is not to be
    withheld as a punishment.

    10. In the aforesaid context, we may remind the trial courts and
    the High Courts of what came to be observed by this Court in
    Gudikanti Narasimhulu & Ors. v. Public Prosecutor, High Court
    reported in (1978) 1 SCC 240. We quote:

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    “What is often forgotten, and therefore warrants reminder, is
    the object to keep a person in judicial custody pending trial or
    disposal of an appeal. Lord Russel, C.J., said [R v. Rose,

    .

    (1898) 18 Cox] :

    “I observe that in this case bail was refused for the
    prisoner. It cannot be too strongly impressed on the,
    magistracy of the country that bail is not to be withheld as

    a punishment, but that the requirements as to bail are
    merely to secure the attendance of the prisoner at trial.”

    11. The same principle has been reiterated by this Court in

    of
    Gurbaksh Singh Sibba v. State of Punjab reported in (1980) 2 SCC
    565 that the object of bail is to secure the attendance of the accused
    at the trial, that the proper test to be applied in the solution of the
    question whether bail should be granted or refused is whether it is
    rt
    probable that the party will appear to take his trial and that it is
    indisputable that bail is not to be withheld as a punishment.

    12. Long back, in Hussainara Khatoon v. Home Secy., State of
    Bihar
    reported in (1980) 1 SCC 81, this court had declared that the
    right to speedy trial of offenders facing criminal charges is “implicit in
    the broad sweep and content of Article 21 as interpreted by this

    Court”. Remarking that a valid procedure under Article 21 is one which
    contains a procedure that is “reasonable, fair and just” it was held that:

    “Now obviously procedure prescribed by law for depriving

    a person of liberty cannot be “reasonable, fair or
    just”unless that procedure ensures a speedy trial for

    determination of the guilt of such person. No procedure
    which does not ensure a reasonably quick trial can be

    regarded as “reasonable, fair or just” and it would fall foul
    of Article 21. There can, therefore, be no doubt that
    speedy trial, and by speedy trial we mean reasonably
    expeditious trial, is an integral and essential part of the
    fundamental right to life and liberty enshrined in Article21.
    The question which would, however, arise is as to what
    would be the consequence if a person accused of an
    offence is denied speedy trial and is sought to be deprived
    of his liberty by imprisonment as a result of along delayed
    trial in violation of his fundamental right under Article 21.”

    13. The aforesaid observations have resonated, time and again, in
    several judgments, such as Kadra Pahadiya & Ors. v. State of Bihar

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    reported in (1981) 3 SCC 671 and Abdul Rehman Antulay v. R.S.
    Nayak
    reported in (1992) 1 SCC 225. In the latter the court re-
    emphasized the right to speedy trial, and further held that an accused,

    .

    facing prolonged trial, has no option:

    “The State or complainant prosecutes him. It is, thus, the
    obligation of the State or the complainant, as the case
    maybe, to proceed with the case with reasonable

    promptitude. Particularly, in this country, where the large
    majority of accused come from poorer and weaker sections of
    the society, not versed in the ways of law, where they do not

    of
    often get competent legal advice, the application of the said
    rule is wholly inadvisable. Of course, in a given case, if an
    accused demands speedy trial and yet he is not given
    rt one,may be a relevant factor in his favour. But we cannot
    disentitle an accused from complaining of infringement of his
    right to speedy trial on the ground that he did not ask for or

    insist upon a speedy trial.”

    14. In Mohd Muslim @ Hussain v. State (NCT of Delhi) reported
    in 2023INSC 311, this Court observed as under:

    “21. Before parting, it would be important to reflect that laws

    which impose stringent conditions for grant of bail,may be
    necessary in public interest; yet, if trials are not concluded in
    time, the injustice wrecked on the individual is immeasurable.

    Jails are overcrowded and their living conditions, more often
    than not, appalling. According to the Union Home Ministry’s

    response to Parliament, the National Crime Records Bureau
    had recorded that as on 31stDecember 2021, over 5,54,034

    prisoners were lodged in jails against total capacity of
    4,25,069 lakhs in the country. Of these 122,852 were
    convicts; the rest 4,27,165 were undertrials.

    22. The danger of unjust imprisonment, is that inmates are at
    risk of “prisonisation” a term described by the KeralaHigh
    Court in A Convict Prisoner v. State reported in 1993Cri LJ
    3242, as “a radical transformation” whereby the prisoner:

    “loses his identity. He is known by a number. He loses
    personal possessions. He has no personal relationships.
    Psychological problems result from loss of freedom,status,
    possessions, dignity any autonomy of personal life. The
    inmate culture of prison turns out to be dreadful. The

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    prisoner becomes hostile by ordinary standards. Self-
    perception changes.”

    23. There is a further danger of the prisoner turning to crime,

    .

    “as crime not only turns admirable, but the more professional

    the crime, more honour is paid to the criminal”(also see
    Donald Clemmer’s ‘The Prison Community’ published in
    1940). Incarceration has further deleterious effects – where

    the accused belongs to the weakest economic strata:

    immediate loss of livelihood, and in several cases, scattering
    of families as well as loss of family bonds and alienation from

    of
    society. The courts therefore,have to be sensitive to these
    aspects (because in the event of an acquittal, the loss to the
    accused is irreparable), and ensure that trials – especially in
    rt cases, where special laws enact stringent provisions, are
    taken up and concluded speedily.”

    15. The requirement of law as being envisaged under Section 19

    of the National Investigation Agency Act, 2008 (hereinafter being
    referred to as “the 2008 Act”) mandates that the trial under the Act of
    any offence by a Special Court shall be held on day-to-day basis on all
    working days and have precedence over the trial of any other case

    and Special Courts are to be designated for such an offence by the
    Central Government in consultation with the Chief Justice of the High
    Court as contemplated under Section 11 of the 2008.

    16. A three-Judge Bench of this Court in Union of India v. K.A.
    Najeeb
    reported in (2021) 3 SCC 713] had an occasion to consider

    the long incarceration and at the same time the effect of Section 43-
    D(5) of the UAP Act and observed as under : (SCC p. 722, para 17)

    “17. It is thus clear to us that the presence of statutory
    restrictions like Section 43-D(5) of the UAPA per se does not
    oust the ability of the constitutional courts to grant bail on
    grounds of violation of Part III of the Constitution. Indeed,both
    the restrictions under a statute as well as the powers
    exercisable under constitutional jurisdiction can be well
    harmonised. Whereas at commencement of proceedings,the
    courts are expected to appreciate the legislative policy
    against grant of bail but the rigours of such provisions will
    melt down where there is no likelihood of trial being
    completed within a reasonable time and the period of
    incarceration already undergone has exceeded a substantial

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    part of the prescribed sentence. Such an approach would
    safe-guard against the possibility of provisions like Section
    43-D(5) of the UAPA being used as the sole metric for denial

    .

    of bail or for wholesale breach of constitutional right to

    speedy trial.”

    17. In the recent decision, Satender Kumar Antil v. Central
    Bureau of Investigation
    reported in (2022) 10 SCC 51, prolonged

    incarceration and inordinate delay engaged the attention of the court,
    which considered the correct approach towards bail, with respect to
    several enactments, including Section 37 NDPS Act. The court

    of
    expressed the opinion that Section 436A (which requires inter alia the
    accused to be enlarged on bail if the trial is not concluded within
    specified periods) of the Criminal Procedure Code, 1973would apply:

    rt “We do not wish to deal with individual enactments as each
    special Act has got an objective behind it, followed by the
    rigour imposed. The general principle governing delay would

    apply to these categories also. To make it clear, the provision
    contained in Section 436-A of the Code would apply to the
    Special Acts also in the absence of any specific provision.
    For example, the rigour as provided under Section 37 of the

    NDPS Act would not come in the way in such a case as we
    are dealing with the liberty of a person. We do feel that more
    the rigour, the quicker the adjudication ought to be. After all,

    in these types of cases number of witnesses would be very
    less and there may not be any justification for prolonging the

    trial. Perhaps there is a need to comply with the directions of
    this Court to expedite the process and also a stricter

    compliance of Section 309 of the Code.”

    18. Criminals are not born out but made. The human potential in
    everyone is good and so, never write off any criminal as beyond
    redemption. This humanist fundamental is often missed when dealing
    with delinquents,juvenile and adult. Indeed, every saint has a past and
    every sinner a future. When a crime is committed, a variety of factors
    is responsible for making the offender commit the crime. Those factors
    may be social and economic, maybe, the result of value erosion or
    parental neglect; may be, because of the stress of circumstances, or
    the manifestation of temptations in a milieu of affluence contrasted
    with indigence or other privations.

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    19. If the State or any prosecuting agency including the court
    concerned has no wherewithal to provide or protect the fundamental
    right of an accused to have a speedy trial as enshrined under Article

    .

    21 of the Constitution then the State or any other prosecuting agency

    should not oppose the plea for bail on the ground that the crime
    committed is serious. Article 21 of the Constitution applies irrespective
    of the nature of the crime.”

    15. Hon’ble Apex Court as well as this Court in catena of

    cases have repeatedly held that one is deemed to be innocent till

    of
    the time guilt, if any, of his/her is not proved in accordance with

    law. In the case at hand also, guilt, if any, of the accused is yet to
    rt
    be proved in accordance with law, by leading cogent and

    convincing material on record and as such, his incarceration for

    indefinite period is clear cut violation of Fundamental Right

    guaranteed under Article 21 of the Constitution of India.

    Apprehension expressed by the learned Additional Advocate

    General that in the event of petitioner’s being enlarged on bail, he

    may flee from justice, can be best met by putting the bail petitioner

    to stringent conditions as has been fairly stated by the learned

    counsel for the petitioner.

    16. Hon’ble Apex Court in Criminal Appeal No. 227/2018,

    Dataram Singh vs. State of Uttar Pradesh & Anr decided on

    6.2.2018 has held that freedom of an individual cannot be curtailed

    for indefinite period, especially when his/her guilt is yet to be

    proved. It has been further held by the Hon’ble Apex Court in the

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    aforesaid judgment that a person is believed to be innocent until

    found guilty.

    .

    17. Hon’ble Apex Court in Sanjay Chandra versus

    Central Bureau of Investigation (2012)1 Supreme Court Cases

    49 has held that gravity alone cannot be a decisive ground to deny

    bail, rather competing factors are required to be balanced by the

    of
    court while exercising its discretion. It has been repeatedly held by

    the Hon’ble Apex Court that object of bail is to secure the
    rt
    appearance of the accused person at his trial by reasonable

    amount of bail. The object of bail is neither punitive nor

    preventative.

    18. The Apex Court in Prasanta Kumar Sarkar versus

    Ashis Chatterjee and another (2010) 14 SCC 496, has laid down

    various principles to be kept in mind, while deciding petition for bail

    viz. prima facie case, nature and gravity of accusation, punishment

    involved, apprehension of repetition of offence and witnesses

    being influenced.

    19. In view of the aforesaid discussion as well as law laid

    down by the Hon’ble Apex Court, petitioner has carved out a case

    for grant of bail, accordingly, the petition is allowed and the

    petitioner is ordered to be enlarged on bail in aforesaid FIR,

    subject to his furnishing personal bond in the sum of Rs.2,00,000/-

    with two local sureties in the like amount to the satisfaction of

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    concerned Chief Judicial Magistrate/trial Court, with following

    conditions:

    .

    (a) He shall make himself available for the purpose of
    interrogation, if so required and regularly attend the trial Court
    on each and every date of hearing and if prevented by any
    reason to do so, seek exemption from appearance by filing

    appropriate application;

    (b) He shall not tamper with the prosecution evidence nor hamper
    the investigation of the case in any manner whatsoever;

    (c) He shall not make any inducement, threat or promises to any

    of
    person acquainted with the facts of the case so as to dissuade
    him/her from disclosing such facts to the Court or the Police
    Officer; and

    (d) He shall not leave the territory of India without the prior
    rtpermission of the Court.

    20. It is clarified that if the petitioner misuses the liberty or

    violates any of the conditions imposed upon him, the investigating

    agency shall be free to move this Court for cancellation of the bail.

    21. Any observations made hereinabove shall not be

    construed to be a reflection on the merits of the case and shall

    remain confined to the disposal of this application alone. The

    petition stands accordingly disposed of.

    22. The petitioner is permitted to produce copy of the

    order downloaded from the High Court Website and the trial court

    shall not insist for certified copy of the order, however, it may verify

    the order from the High Court website or otherwise.

    (Sandeep Sharma)
    Judge
    March 24,2026
    (shankar)

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