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MANOJ KUMAR GARG
Pawan Bishnoi – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.21/2022 of Police Station Sadar Bikaner, Distt. Bikaner for the offence punishable under Sections 8/21 & 8/29 of NDPS act. He has preferred this bail application under Section 439 Cr.P.C.
2. Counsel for the petitioner submits that the recovery was made from the possession of the co-accused Gulfaam and the present petitioner was implicated in this case with the aid of Section 8/29 of NDPS act. He further submits that the FSL report has been received, in which the packet contains Methamphetamine and according to the table of NDPS act at Serial No.159, below commercial quantity of Methamphetamine is upto 50 gram and the recovery was made from the possession of the co-accused Gulfaam is 30 gram MMDa, which comes in below commercial quantity. 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 addl. advocate General has opposed the bail application. Having regard to the totality of the facts and circu
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.
The court's decision was based on the consideration of the quantity of recovered contraband and the evidence linking the petitioner to the main accused in determining the grant of bail.
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 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's discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case.
The court may grant bail under Section 439 Cr.P.C. considering the quantity of recovered contraband and the expected duration of the trial.
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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