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KULDEEP MATHUR
Teja Ram Jat – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.278/2019 registered at Police Station Sadar Bhilwara, for offences under Sections 8/15 of the NDPS Act.
2. Learned counsel for the petitioner submits that contraband poppy husk weighing 61 Kgs. was recovered from an abandoned vehicle (Toyota Corolla) No.RJ-18-CA-2504. The investigating agency, during investigation, arrested registered owner of the vehicle namely Bhanwar Singh. Bhanwar Singh, in his information provided under Section 27 of the Indian Evidence Act, informed that he has sold the vehicle to one Bhagirathmal. The co-accused Bhagirathmal further informed that vehicle was being used by the present petitioner and that he had no knowledge about the contraband recovered from the offending vehicle. Learned counsel further submitted that Bhagirathmal has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 28.11.2022 passed in S.B. Cr. Misc. 2nd Bail Application No.15131/2022. The order dated 28.11.2022 passed by the Coordinate Bench is reproduced herein below for ready reference:
"The i
The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
The absence of direct evidence against the accused and satisfaction of bail conditions under the NDPS Act justified the grant of bail.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits 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 granted bail due to lack of direct evidence against the petitioner and absence of criminal antecedents, emphasizing the presumption of innocence.
The court established that in cases involving narcotics, the quantity of contraband and the duration of custody are significant factors in determining bail eligibility.
The court granted bail under Section 439 Cr.P.C. based on the release of a co-accused and absence of apprehension of the petitioner fleeing justice.
The court emphasized that bail should be granted when there is insufficient evidence linking the accused to the crime, especially when co-accused have been released on similar grounds.
Bail should be granted when there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
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