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VINIT KUMAR MATHUR
Gopi Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.286/2019, Police Station Jaitsar, District Sriganganagar for the offence punishable under Sections 8/22 and 29 of N.D.P.S. Act.
2. The second bail application of the petitioner was dismissed on 28/07/2022 by this Court.
3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
4. It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, statement of Investigating Officer PW.2 Pawan Kumar has been recorded before learned trial Court. Learned counsel for the petitioner submits that except the statement of co-accused Suresh, there is no other evidence connecting the present petitioner with the recovery of contraband drugs in the case. Learned counsel for the petitioner submits that the petitioner is facing incarceration for last more than three years. He submits that as per the statement of PW.2 Pawan Kumar, call details of the petitioner were not available nor any mobile or sim was recovered from
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 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 decision was based on the lack of credible evidence connecting the petitioner with the recovery of contraband and the expected lengthy trial duration.
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's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
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 incriminating evidence against the accused-applicant and the principle of parity with the main accused who had been enlarged on bail.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
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.
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