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MANOJ KUMAR GARG
Imran – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.VIII(10)16/NCB/JZU/2020, Police Station NCB CPS, Jaipur, for the offence punishable under Sections 8, 21, 22, 27a & 29 of the NDPS act.
2. Counsel for the petitioner submits that similarly situated co-accused Yogesh Kumar has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 04.01.2022 (being S.B. Crl. Misc. Bail application No.12537/2021) and the case of the present petitioner is similar to that of co-accused. 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 Public Prosecutor vehemently opposed the bail application.
4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
5. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
Granting bail based on the release of similarly situated co-accused and the lengthy trial process, 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, 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 established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.
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