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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Gopal Lal – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 5141 of 2022
Decided On : 24-05-2022
Bail - NDPS Act - The court allowed the third bail application filed under Section 439 Cr.P.C. on the grounds that the petitioner was not found at the spot of contraband recovery, had already sold the vehicle in which the contraband was found, and considering the bail granted to co-accused. The accused was ordered to be released on bail upon furnishing a personal bond and sureties.
Fact of the Case:
The petitioner filed the third bail application under Section 439 Cr.P.C. in connection with F.I.R. No.33/2019, Police Station Jawda, District Chittorgarh for offences under Sections 8/15 and 8/25 of NDPS act.
Finding of the Court:
The court, after considering the arguments, found that the bail application filed by the petitioner deserves to be accepted and ordered the accused to be released on bail.
Issues: The main issue was whether the petitioner should be granted bail in connection with the NDPS Act offences.
Ratio Decidendi: The court considered the absence of the petitioner at the spot of contraband recovery, the sale of the vehicle in which the contraband was found, and the bail granted to co-accused as grounds for granting bail.
Final Decision: The third bail application filed under Section 439 Cr.P.C. was allowed, and the accused was ordered to be released on bail upon furnishing a personal bond and sureties.
JUDGMENT
Vinit Kumar Mathur, J. - The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.33/2019, Police Station Jawda, District Chittorgarh for the offences under Sections 8/15 and 8/25 of NDPS act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submits that after rejection of the second bail application by this Court on 12.01.2021, the statement of Seizure Officer as PW-1 has been recorded before the trial court. He further submits that the co-accused Radheshyam and Sanjay have been enlarged on bail by a coordinate bench of this court vide orders dated 01.04.2022 and 08.10.2020 respectively. He further submits that the petitioner was not found on the spot from where the recovery of contraband was made. He further submits that only aadhar Card, Bank Passbook and R.C. of the vehicle were recovered from the vehicle in which the contraband was being transported. He further submits that the petitioner had already sold the car to Radheshyam well before the date on which it was found carrying the contraband, therefore, it is prayed that the petitioner may be enlarged on bail.
4. The learned Public Prosecutor opposes the bail.
5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
6. Consequently, the third bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Gopal Lal S/o Shri Badri Lal Dhakad arrested in connection with F.I.R. No. 33/2019, Police Station Jawda, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs.50,000/- (Rupees : Fifty Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The court considered the absence of the accused at the spot of contraband recovery and the sale of the vehicle in which the contraband was found as grounds for granting bail under the NDPS Act.
The decision was based on the lack of credible evidence connecting the petitioner with the recovery of contraband and the expected lengthy trial duration.
The court considered the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, the nature of the offence, and the duration of the petitioner's incarceration in reaching th....
The court's decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration.
The court's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
Grant of bail under Section 439 Cr.P.C. based on absence of recovery of contraband from the petitioner's possession and reliance on the statement of co-accused for implication.
The decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband and the absence of crucial evidence, as well as the absence of pending or decide....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the cas....
The court's decision was influenced by the lack of material connecting the petitioner with the alleged offense and the fact that the co-accused had already been enlarged on bail.
The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
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