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MANOJ KUMAR GARG
Jamna Lal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.475/2020, Police Station Devgarh, District Rajsamand, for the offences punishable under Sections 8/18 & 27-a of NDPS act.
2. Counsel for the petitioner submits that similarly situated co-accused Bhanwar Lal and Bhagwan Lal have already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to the co-accused. Counsel further submits that no other criminal case has been registered against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor vehemently opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Having regard to the totality of the facts and circumstances of the case, particularly looking to the fact that the similarly situated co-accused have already been granted bail, therefore, without expressing
Granting bail based on the release of similarly situated co-accused and the lengthy trial process, without expressing any opinion on the merits of the case.
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
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 of the case.
The court considered the absence of recovery from the possession of the petitioner and the expected lengthy trial as grounds for granting bail under Section 439 Cr.P.C.
The court's decision to grant bail was based on the totality of the facts and circumstances of the case, including the similarity to co-accused and the hostile nature of the eyewitnesses.
The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.
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