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PUSHPENDRA SINGH BHATI
Lalchand – Appellant
Versus
State – 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.26/2022 of Police Station Panchori, District Nagaur for the offences punishable under Sections 8/15, 8/29 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 only one criminal antecedent under NDPS act and date of both the cases are same. Therefore, it is prayed that the petitioner may be released on bail.
4. Learned additional advocate General 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 Lalchand S/o Shri Surjaram shall be released on ba
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 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 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 based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The central legal point established in the judgment is the significance of examining each case on its own merits, especially in bail cases, and considering the nature of the offence, the quantity of ....
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 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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