30 september 2024 : The Punjab and Haryana High Court has stated that anticipatory bail is considered a “rarity” due to the severe drug problem in Punjab. Chief Justice Sheel Nagu emphasized that, regardless of the circumstances, an accused individual can always apply for regular bail.
The Chief Justice remarked, “This court believes that in cases like this, based on the Supreme Court’s ruling in ‘State of Haryana versus Samarth Kumar,’ anticipatory bail is rare, especially with the ongoing drug crisis in Punjab, and the accused is always free to seek regular bail.” This statement came during the hearing of a pre-arrest bail application in a drug-related case.
This decision is important in light of the legal principle that “bail is the rule, jail is the exception.” This principle underscores that granting bail should be the norm to protect personal liberty, as guaranteed by Article 21 of the Indian Constitution, which upholds the right to life and personal freedom.
Incarceration should only occur in exceptional situations where there are strong reasons for detaining an individual. However, the court’s position on anticipatory bail in this context reflects a need to balance this principle with the broader goal of tackling serious issues such as drug-related offenses.
