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VINIT KUMAR MATHUR
Bhearulal – Appellant
Versus
State – Respondent
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 g
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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