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MADAN GOPAL VYAS
Devilal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.57/2022 of Police Station Phephana, District Hanumangarh for the offence punishable under Section 8/15 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.
Learned Public Prosecutor has vehemently opposed the bail application.
3. 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.
4. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Devilal S/o Lalchand shall be released on bail in connection with FIR No.57/2022 of Police Station Phephana, District Hanumangarh provided he executes
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 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 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 commercial quantity of recovered contraband and its violation of Section 37 of the NDPS Act were crucial in the court's decision to reject the bail application.
The commercial quantity of recovered contraband and the petitioner's alleged involvement in other NDPS Act cases influenced the court's decision to reject the bail application.
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.
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