Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1073

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Gopal Das & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4 of 2023
Decided On : 03-01-2023

Advocates Appeared:
Shambhoo Singh Rathore, Advocate, Mukhtiyar Khan, Advocate

The court may grant bail under Section 439 Cr.P.C. based on the nature of the offence, the quantity of contraband, and the expected duration of the trial.

Headnote:
N.D.P.S. Act - Bail Application - The court granted bail to the accused petitioners under Section 439 Cr.P.C. due to the recovered contraband being below commercial quantity and the trial expected to take a long time.
Fact of the Case:

The accused petitioners were arrested for the offence punishable under Section 8/20 of the N.D.P.S. Act. The recovered contraband was below commercial quantity, and the trial was expected to take a long time.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners under Section 439 Cr.P.C.
Issues: Bail application under Section 439 Cr.P.C. for accused arrested under the N.D.P.S. Act.
Ratio Decidendi: The court considered the recovered contraband being below commercial quantity and the expected lengthy trial as justifying the grant of bail to the accused petitioners.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioners were directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R. No.216/2022 of Police Station Rohida, District Sirohi for the offence punishable under Section 8/20 of the N.D.P.S. Act.

2. Learned counsel for the petitioners submits that the recovered contraband is below commercial quantity. The petitioners are in judicial custody and the trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail may be granted to the accused-petitioners.

3. Learned Public Prosecutor has opposed the bail application. 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 petitioners under Section 439 Cr.P.C.

4. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners - (1) Gopal Das S/o Sh. Shankar Das Vaishnav and (2) Lalit Kumar S/o Sh. Magan Das Vaishnav, shall be released on bail in connection with F.I.R. No.216/2022 of Police Station Rohida, District Sirohi provided each of them executes a personal bond in a sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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