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MANOJ KUMAR GARG
Gopal Das – Appellant
Versus
State of Rajasthan – Respondent
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 the
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.
Bail may be granted under Section 439 Cr.P.C. when the contraband involved is below commercial quantity and the trial is anticipated to be prolonged.
The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.
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.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the recovered contraband and the expected trial duration.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The court's decision was based on the consideration of the quantity of recovered contraband and the evidence linking the petitioner to the main accused in determining the grant of bail.
The court considered the nature of the recovered contraband and the expected trial duration in granting bail to the accused petitioner under Section 439 Cr.P.C.
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