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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Ashok – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 478 of 2023
Decided On : 13-01-2023
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested in connection with an FIR for offences under Section 8/15 of the NDPS Act. The petitioner filed a bail application under Section 439 Cr.P.C, claiming false implication and stating that the recovered contraband was below commercial quantity.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner after considering the totality of the facts and circumstances.
Issues: The main issue was whether the accused petitioner should be granted bail in connection with the NDPS Act offences.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and decided to grant bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Sec.439 Cr.P.C was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.225/2022 of Police Station Parsola, District Pratapgarh for the offences punishable under Section 8/15 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that recovered contraband is below commercial quantity. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. 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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Shree Ram shall be released on bail in connection with FIR No.225/2022 of Police Station Parsola, District Pratapgarh provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of 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.
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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 of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The commercial quantity of recovered contraband and the petitioner's alleged involvement in other NDPS Act cases influenced the court's decision to reject the bail application.
The court may grant bail based on the nature of allegations, length of custody, and absence of criminal antecedents, without expressing any opinion on the merits of the case.
The court considered the nature of the contraband and the absence of previous criminal antecedents related to the offence under the NDPS act against the petitioner in granting bail under Section 439 ....
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
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