Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1084

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Ram Das Singh & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 13995 of 2022, S.B. Criminal Miscellaneous 2nd Bail Application No. 12063 of 2022
Decided On : 02-01-2023

Advocates Appeared:
Geeta Panpaliya, Advocate, M.L. Bishnoi, Advocate, Vikram Sharma, Advocate, Jai Singh, Advocate

The court may 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.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the absence of recovery from the petitioner, lack of call detail report between the petitioner and the main accused, and the fact that the trial would take a long time.
Fact of the Case:

The accused petitioner filed a second bail application under Section 439 Cr.P.C. in connection with an NDPS Act case. The first bail application was previously dismissed by the Court.
Finding of the Court:

The Court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioner should be granted bail in connection with the NDPS Act case, considering the commercial quantity of the recovered contraband.
Ratio Decidendi: The court considered the absence of recovery from the petitioner, lack of call detail report between the petitioner and the main accused, and the fact that the trial would take a long time, and granted bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - Bail Application No. 13995/2022

List this matter after four week, as prayed.

Bail Application No. 12063/2022

2. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.65/2020, Aarakshi Kendra Sameja Kothi, District Sriganganagar registered for the offences punishable under Sections 8/21, 22, 25 and 29 of the NDPS Act.

The first bail application was dismissed by this Court on 27.07.2021.

3. Learned counsel for the petitioner submits that now Investigating Officer, Mr. Jai Singh has been examined as PW.3 before the Court. No recovery was made from the possession of the petitioner and no call detail report between the petitioner and main accused is available on record. Counsel further submits that the petitioner was implicated in this case under the aid of Section 8/29 of the NDPS Act and no other criminal case is registered against the petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Learned Public Prosecutor has opposed the prayer of bail and submits that recovered contraband is commercial quantity, therefore, benefit of bail may not be granted to the accused-petitioner.

5. Investigating Officer also submits that no call detail report is available on record as well as no criminal antecedents is registered against the accused-petitioner and he is implicated in this case under the aid of Section 8/29 of the NDPS Act.

6. I have considered the arguments advanced before me and gone through the material available on record.

7. 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.

8. Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Harish Kumar Manwani S/o Shri Mohanlal Manwani, shall be released on bail in connection with F.I.R. No.65/2020, Aarakshi Kendra Sameja Kothi, District Sriganganagar provided he executes a personal bond in a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/-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.

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