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PUSHPENDRA SINGH BHATI
Sher @ Sheru Mohammad Gauri – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.
2. The petitioner has been arrested in FIR No.261/2018 of Police Station Pipar City, Jodhpur for the offences punishable under Section 8/15 of NDPS act and Sections 153, 154, 174 of Indian Railway act. He has preferred this bail application under Section 439 Cr.P.C.
3. Counsel for the petitioner submits that the contraband in question is below commercial quantity and there is no previous criminal antecedent of the petitioner. Therefore, it is prayed that the petitioner may be released on bail.
4. Learned Public Prosecutor though opposes the bail application but is unable to refute the aforesaid factual matrix.
5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sher @ Sheru Mohammad Gauri S/o Sh. Majid Gauri shall
The court may grant bail based on the totality of the facts and circumstances of the case and the likely duration of the proceedings, 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 nature of the contraband and the absence of previous criminal antecedents related to the offence under the NDPS act against the petitioner in granting bail under Section 439 ....
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 and the likely duration of the proceedings, without expressing an....
The court may grant bail under Section 439 Cr.P.C. based on the nature of the offence, the quantity of contraband, and the expected duration of the trial.
The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.
The court may grant bail under Section 439 Cr.P.C. based on the nature of allegations, length of custody, and absence of criminal antecedents of like nature.
The court may grant bail under Section 439 Cr.P.C. considering the quantity of recovered contraband and the expected duration of the trial.
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