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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Mahaveer – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 7476 of 2022
Decided On : 03-06-2022
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case, the conclusion of the proceedings likely to take some time, and without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested for offences under Sections 8/18, 29 of NDPS act. The petitioner filed a bail application under Section 439 Cr.P.C, stating that the contraband in question is below commercial quantity and there is one criminal antecedent of NDPS act. The charge-sheet has already been filed in this case.
Finding of the Court:
The court granted bail to the accused petitioner under Section 439 Cr.P.C, considering the totality of the facts and circumstances of the case, the conclusion of the proceedings likely to take some time, and without expressing any opinion on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C, considering the totality of the facts and circumstances of the case and the likely duration of the proceedings.
Final Decision: The bail application filed under Section 439 Cr.P.C was allowed, and it was directed that the petitioner shall be released on bail upon fulfilling certain conditions.
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.
2. The petitioner has been arrested in FIR No.85/2022 of Police Station Kotwali, Sri Ganganagar for the offences punishable under Sections 8/18, 29 of NDPS 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 one criminal antecedent of NDPS act. Further charge-sheet has already been filed in this case. 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 Mahaveer S/o Gopi Ram shall be released on bail in connection with FIR No.85/2022 of Police Station Kotwali, Sri Ganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.
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 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 may 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 has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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