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VINIT KUMAR MATHUR
Jamna Lal – 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.13/2022, Police Station Sadar Chittorgarh, District Chittorgarh for the offences under Section 8/20 of the NDPS act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. It is submitted by learned counsel for the petitioner that after rejection of the first bail application on 24/01/2022, the charge sheet in the case has been filed. The contraband recovered in the present case is below commercial quantity. The petitioner is facing incarceration since 04/01/2022. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
4. The learned Public Prosecutor opposes the bail.
5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and also considering the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, this Court is of the opinion that the bail application filed by the petitioner deserves to be ac
The court's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
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.
The decision was based on the lack of credible evidence connecting the petitioner with the recovery of contraband and the expected lengthy trial duration.
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 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 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 lack of material connecting the petitioner with the alleged offense and the fact that the co-accused had already been enlarged on bail.
The court considered the absence of the accused at the spot of contraband recovery and the sale of the vehicle in which the contraband was found as grounds for granting bail under the NDPS Act.
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.
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