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VINIT KUMAR MATHUR
Chatrapal Singh @ Chelu Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present second 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.126/2020, Police Station Raisingh Nagar, District Sri Ganganagar for the offences under Sections 08/22, 25 and 29 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 the first bail application of the petitioner was rejected by this court on 04.01.2022 with a liberty to file a fresh bail application after the material witnesses are recorded before the trial court. He further submits that the statement of five prosecution witnesses have been recorded before the trial court including Vikram (PW2) who is the investigating officer of the case. as per the statement of PW-2 Vikram, the petitioner was implicated in the present case on the strength of the statements given by Rani, Rajesh, Ravinder and Prabhu Singh. However, while examination before the trial court, the witnesses namely Rani (PW-3), Rajesh (PW-4), Ravinder (PW-5) and Prabhu Singh (PW-6) have not supported the prosecuti
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 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'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'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.
The court's decision was influenced by the lack of evidence linking the accused-petitioners to the recovered articles and the alleged false implication in the case.
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 court's decision was influenced by the similarity of the petitioner's case to the co-accused who had been granted bail and the absence of recovery of contraband from the petitioner's possession, ....
The court may grant bail under Section 439 Cr.P.C. based on the circumstances and the nature of the alleged offences, without expressing any opinion on the merits/demerits of the case.
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