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MADAN GOPAL VYAS
Janak Raj – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.625/2022 of Police Station Sangariya, District Hanumangarh for the offence punishable under Section 8/15 of 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 contraband recovered is below commercial quantity. The accused-petitioner is in judicial custody since long and the trial of the case will take long time to be concluded. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
3. Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioner is habitual offender.
4. 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.
5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Janak Raj S/o Harish Chandra shall be released on bail in connection with F
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 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 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 and the likely duration of the proceedings, without expressing an....
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 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 the petitioner's alleged involvement in other NDPS Act cases influenced the court's decision to reject the bail application.
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