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MANOJ KUMAR GARG
Amit Jain – Appellant
Versus
State Of Rajasthan – Respondent
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 t
The court may grant bail under Section 439 Cr.P.C. based on the recovery of drugs in below commercial quantity and the expected length of the trial.
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 court may 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 has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances 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 may grant bail under Section 439 Cr.P.C. based on the nature of the recovered contraband and the expected trial duration.
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