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MADAN GOPAL VYAS
Magha Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.539/2022 of Police Station Nokha, District Bikaner for the offences punishable under Sections 8/21 and 22 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 and submitted that accused-petitioner is habitual offender.
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 Magha Ram S/o Chetan Ram shall be released on bail in connection with FIR No. 539/2022
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 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 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 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 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 may grant bail under Section 439 Cr.P.C. considering the quantity of recovered contraband and the expected duration of the trial.
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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