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Judgment Intelligence
Bail Granted
Avikash Minhas v. State of Himachal Pradesh
Criminal Appeal No(s). ____ of 2026 (arising out of SLP (Crl.) No(s). 10760 of 2026)
- Court
- Supreme Court of India
- Date of Decision
- 22 June 2026
- Bench
- Justices B.V. Nagarathna and Joymalya Bagchi
- Relevant Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 20, 25, 29
Final Outcome
Appeal allowed. The appellant is to be produced before the trial court and released on bail on conditions it considers appropriate in the case arising out of FIR No. 83 of 2023; breach of the conditions may entail cancellation (paras 10, 12-13).
Brief Facts
The appellant faces trial in a case registered on FIR No. 83 of 2023 at Police Station Panchrukhi, District Kangra, for offences under Sections 20, 25 and 29 of the NDPS Act (para 3). The High Court of Himachal Pradesh rejected his application for regular bail on 6 May 2025 (paras 2, 4). The Supreme Court issued notice on 27 May 2026 (para 5). Before it, the appellant relied on his custody since 25 September 2023, the examination of ten of twenty prosecution witnesses and bail granted to two co-accused; the State relied on his distinct role, the progress of the trial and his involvement in two other cases (paras 7-8).
Court's Findings
After noting both sides' positions, the Court held, "Considering the facts on record", that the case for regular bail was made out (para 9). The order gives no further reasons and does not refer to Section 37 of the NDPS Act or to any precedent. It directed that the appellant be produced before the trial court as early as possible and released on bail on such conditions as the trial court considers appropriate to secure his presence in the proceedings arising out of FIR No. 83 of 2023 (para 10). The appellant must extend complete cooperation in the trial and must not misuse his liberty, and any infraction of the conditions may entail cancellation of the bail (paras 11-12).
Legal Principle
The order does not lay down a reasoned principle of law. On the facts on record, the Court found a case for regular bail made out for an NDPS accused whose trial was part-way through, and left the bail conditions to the trial court (paras 9-10).