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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Sunil – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 6564 of 2022
Decided On : 23-05-2022
Bail - N.D.P.S. Act - Grant of Bail under Section 439 Cr.P.C.
Fact of the Case:
The petitioner filed a second bail application under Section 439 Cr.P.C. after being in custody for an offense under Sections 8/15 & 29 of the N.D.P.S. act. The petitioner argued that the co-accused had been granted bail and there was no recovery of contraband from his possession.
Finding of the Court:
The court found that the case of the petitioner was identical to the co-accused who had been granted bail and that the petitioner stood on a better footing than another co-accused who had already been granted bail. Consequently, the court allowed the second bail application and ordered the release of the accused-petitioner.
Issues: Grant of bail under Section 439 Cr.P.C. for an offense under the N.D.P.S. act.
Ratio Decidendi: The court considered 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. Based on these factors, the court concluded that the petitioner was entitled to bail under Section 439 Cr.P.C.
Final Decision: The second bail application was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.
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.81/2020, Police Station Osiyan, District Jodhpur for the offence under Sections 8/15 & 29 of the N.D.P.S. 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 the rejection of the first bail application of petitioner on 10.01.2022, co-accused Kailash has been enlarged on bail by learned Special Court (N.D.P.S. Cases), Jodhpur vide order dated 07.02.2022 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail. He further submits that the principal accused Kapil from whom the recovery has been effected has already been enlarged on bail by this Court vide order dated 16.11.2021. He also submits that there is no recovery of contraband from the possession of the present petitioner and he has been implicated in this case only on the statement of co-accused Kailash, who has been enlarged on bail by the trial court. Therefore, it is prayed that the petitioner may be enlarged on bail.
4. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.
5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to co-accused- Kailash who has been enlarged on bail by the trial court and the case of the present petitioner ever stands on a better footing to the case of the co-accused- Kapil, who has already been enlarged on bail by this court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.
6. Consequently, the second bail application is allowed. It is ordered that the accused-petitioner- Sunil S/o Kishna Ram arrested in connection with F.I.R. No.81/2020, Police Station Osiyan, District Jodhpur 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'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 main legal point established in the judgment is that the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail influenced the court's decision to g....
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's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
The decision highlighted the principle of granting bail based on the similarity of the case with a co-accused who had been enlarged on bail, and the importance of considering the facts and circumstan....
The principle of parity in bail applications mandates that similarly situated accused persons should be treated equally, particularly when the prosecution fails to distinguish their cases.
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'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.
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