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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Durga Shankar – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14706 of 2022
Decided On : 19-12-2022
Bail Application - NDPS Act - The court allowed the bail application under Section 439 Cr.P.C. for the accused-petitioner based on the release of principal and other accused on bail, deeming it just and proper to enlarge the accused-petitioner on bail.
Fact of the Case:
The accused-petitioner filed a bail application under Section 439 Cr.P.C. for the offence(s) under Sections 8/15, 29 NDPS Act, citing the release of principal and other accused on bail as grounds for his release.
Finding of the Court:
The court, considering the arguments and overall facts and circumstances, deemed it just and proper to enlarge the accused-petitioner on bail.
Issues:
Ratio Decidendi: The release of principal and other accused on bail influenced the court's decision to grant bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be enlarged on bail upon furnishing a personal bond and sureties.
JUDGMENT
Farjand Ali, J. - The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Durga Shankar S/o Bhanwar Lal. The petitioner has been arrested in connection with FIR No. 149/2017 registered at Police Station Lohawat, District Jodhpur for the offence(s) under Sections 8/15, 29 NDPS Act.
2. Learned counsel for the accused-petitioner submits that the principal accused Ashok Kumar from whom the recovery of contraband is made has been released on bail by a Coordinate Bench of this Court vide order dated 23.10.2018 and the other accused Hanumanram with whom the case of the present petitioner is identical in nature, has also been released on bail vide order dated 3.11.2018. Thus, it is not justifiable to keep the petitioner behind the bars.
3. Per contra, learned Public Prosecutor has opposed the bail application.
4. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and the fact that principal accused Ashok Kumar and other accused Hanumanram have already been enlarged on bail, this court deems it just and proper to enlarge the accused-petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
Grant of bail under Section 439 Cr.P.C. based on absence of recovery of contraband from the petitioner's possession and reliance on the statement of co-accused for implication.
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's decision was influenced by the similarity of the petitioner's case to the co-accused who had been granted bail and the absence of recovery of contraband from the petitioner's possession, ....
The court may grant bail under Section 439 Cr.P.C. based on the nature of allegations, length of custody, and absence of criminal antecedents of like nature.
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's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
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 may grant bail under Section 439 Cr.P.C. considering the quantity of recovered contraband and the expected duration of the trial.
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