Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 940

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Amit Jain – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4785 of 2022
Decided On : 17-05-2022

Advocates appeared:
D.S. Gharsana, Advocate, B.S. Sandhu, Advocate, Laxman Solanki, Advocate

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.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the absence of recovery from the possession of the petitioner and the fact that the trial would take a long time to conclude.
Fact of the Case:

The petitioner was arrested in connection with an FIR under the NDPS Act for offences punishable under Sections 8/18, 21 & 29. The recovery was made from co-accused, and the petitioner was implicated without any recovery from his possession. The trial was expected to take a long time.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The absence of recovery from the possession of the petitioner and the expected lengthy trial influenced the court's decision to grant bail.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 140/2021 of Police Station Kotwali Banswara, District Banswara for the offence punishable under Sections 8/18, 21 & 29 of NDPS act. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that the recovery was made from Salim Mansuri and Parvej Khan. Both the co-accused have been granted bail by the Co-ordinate Bench of this Court. Counsel further submits that the petitioner was implicated with the aid of Section 8/29 of NDPS act and no recovery was made from the possession of the present petitioner. No other criminal case has been registered against the petitioner and Challan of the case has already been presented. 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 has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

4. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner amit Jain S/o Saharmal Jain shall be released on bail in connection with FIR No. 140/2021 of Police Station Kotwali Banswara, District Banswara provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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