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VINIT KUMAR MATHUR
Raju Alias Pintu – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.223/2021, Police Station Chittor Sadar, District Chittorgarh, for the offences under Section 8/15 NDPS Act.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.
3. After the rejection of the first bail application on 12.01.2022, the charge sheet has been filed. Learned counsel for the petitioner submits that neither any recovery of the contraband has been effected from the present petitioner nor he is having any connection with the recovery of the contraband. Learned counsel further submits that even the call details produced before this Court are not supported by a certificate of 65-B and, therefore, same cannot be taken into consideration while evaluating the evidence against the present petitioner. He submits that except the statement of co-accused Kapil, there is no other credible evidence on record which shows the connectivity of the present petitioner with the recovery of contraband. He submits that there is no case of
The decision was based on the lack of credible evidence connecting the petitioner with the recovery of contraband and the expected lengthy trial duration.
The court's decision was influenced by the lack of material connecting the petitioner with the alleged offense and the fact that the co-accused had already been enlarged on bail.
The court's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
The decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband and the absence of crucial evidence, as well as the absence of pending or decide....
The court's decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration.
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'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 considered the absence of the accused at the spot of contraband recovery and the sale of the vehicle in which the contraband was found as grounds for granting bail under the NDPS Act.
The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
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