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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Bhearulal – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 756 of 2022
Decided On : 16-02-2022
Bail Application - NDPS Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. based on the absence of recovery of contraband from the petitioner's possession and the reliance on the statement of co-accused for implication.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No.16/2018, Police Station asop, District Jodhpur, for the offences under Section 8/15 of NDPS act.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
Issues: The issue involved the grant of bail to the accused petitioner in connection with the NDPS Act, considering the absence of recovery of contraband from the petitioner's possession and reliance on the statement of co-accused for implication.
Ratio Decidendi: The court's decision was influenced by the absence of recovery of contraband from the petitioner's possession and the reliance on the statement of co-accused for implication, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling the specified conditions.
JUDGMENT
Vinit Kumar Mathur, J. - The present 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.16/2018, Police Station asop, District Jodhpur, for the offences under Section 8/15 of 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 the charge-sheet in the case has been filed. He further submits that the recovery of the contraband is not from the possession of the present petitioner. The petitioner has been implicated in the present case only on the statement of the co-accused Dinesh @ Dina Ram and Bhopal. He further submits that there are no call details of the present petitioner with the co-accused Bhopal and Dinesh @ Dina. 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. 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Bhearulal S/o Sh. Chunnilal shall be released on bail in connection with FIR No. 16/2018, Police Station asop, District Jodhpur, 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: Fifty 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.
6. 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. a copy of this order be sent to the local police station where the petitioner resides.
7. 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.
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 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....
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 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....
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 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 to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration.
The main legal point established in the judgment is that the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail influenced the court's decision to g....
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.
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