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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Praveen – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 3931 of 2022
Decided On : 06-04-2022
Bail - NDPS Act - The court granted bail to the petitioner under Section 439 Cr.P.C. due to the recovered contraband being below the commercial quantity and the likelihood of a lengthy trial.
Fact of the Case:
The petitioner filed a second bail application under Section 439 Cr.P.C. after the charge sheet was filed, stating that the recovered contraband was below the commercial quantity and the trial would take a long time.
Finding of the Court:
The court, after considering the arguments, granted bail to the petitioner under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 8/15 & 8/21 of the NDPS act.
Ratio Decidendi: The court considered the nature of the recovered contraband and the likelihood of a lengthy trial in granting bail under Section 439 Cr.P.C.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the petitioner was directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 43/2022, Police Station Kotwali Nagaur, District Nagaur, for the offences under Sections 8/15 & 8/21 of the NDPS act.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.
3. Counsel for the petitioner submits that after rejection of the first bail application on 22.02.2022, the charge sheet has been filed. The recovered contraband is below the commercial quantity. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
4. Learned Public Prosecutor has opposed the bail application.
5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.
6. accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Praveen S/o Baldevram shall be released on bail in connection with F.I.R. No. 43/2022, Police Station Kotwali Nagaur, District Nagaur provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the 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.
7. However, it is made clear that after the enlargement on bail in this case, if the petitioner is found involved in any other criminal case, then no leniency will be extended to the petitioner in future. Record of this condition and the antecedents of the petitioner will be maintained by the concerned Police Station of the area where the petitioner resides.
8. a copy of this order be sent to the local police station where the petitioner resides.
9. It is also ordered that the petitioner will mark his attendance in the local police station of the area of his permanent residence in every three months.
The court's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
The court considered the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, the nature of the offence, and the duration of the petitioner's incarceration in reaching th....
Grant of bail under Section 439 Cr.P.C. based on absence of recovery of contraband from the petitioner's possession and reliance on the statement of co-accused for implication.
The decision was based on the lack of credible evidence connecting the petitioner with the recovery of contraband and the expected lengthy trial duration.
The court's decision was influenced by the lack of material connecting the petitioner with the alleged offense and the fact that the co-accused had already been enlarged on bail.
The decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband and the absence of crucial evidence, as well as the absence of pending or decide....
Granting 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 may grant bail under Section 439 Cr.P.C. based on the circumstances and the nature of the alleged offences, without expressing any opinion on the merits/demerits of the case.
The court's decision was influenced by the similarity of the petitioner's case to the co-accused who had been granted bail and the absence of recovery of contraband from the petitioner's possession, ....
The peculiar circumstances prevailing in the country due to the pandemic of COVID-19 influenced the Court's decision to grant bail under Section 439 Cr.P.C.
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