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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mahendar Kumar Goyal, J.
Ramkaran - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 15476 of 2020
Decided on : 05-01-2021
NDPS Act - Bail Application - The court granted bail to the accused under Section 439 Cr.P.C. considering the nature of allegations, length of custody, and absence of criminal antecedents, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested in connection with an FIR for offences under Section(s) 8/21, 8/27 of NDPS Act. The petitioner claimed to be falsely implicated and sought bail based on the quantity of contraband, completion of investigation, and lack of criminal antecedents.
Finding of the Court:
The court granted bail to the petitioner, considering the nature of allegations, length of custody, and absence of criminal antecedents, without expressing any opinion on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C. in connection with NDPS Act offences.
Ratio Decidendi: The court deemed it just and proper to grant bail to the petitioner based on the nature of allegations, length of custody, and absence of criminal antecedents, without expressing any opinion on the merits of the case.
Final Decision: The bail application was allowed, and the accused was directed to be released on bail under Section 439 Cr.P.C. with specified conditions.
JUDGMENT
Mahendar Kumar Goyal, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.464/2020 registered at Police Station Sikandara, District Dausa for the offence(s) under Section(s) 8/21, 8/27 of NDPS Act.
2. It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case. He submitted that the contraband allegedly recovered from his possession is less than commercial quantity. Learned counsel submitted that the petitioner is in custody since 20.11.2020, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.
3. Learned Public Prosecutor has opposed the bail application.
4. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application is allowed and it is directed that accused-petitioner Ramkaran S/o Kishori Lal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
6. However, looking to the nature of offence, it is made clear that in case the petitioner is found involved in offence(s) of similar nature in future, the learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.
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