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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Jai Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 8623 of 2022
Decided On : 08-12-2022
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:
The petitioner was arrested in connection with an offense under Sections 8/15 & 25 of NDPS Act. The petitioner claimed that he was not present at the time of recovery of contraband and that the contraband was recovered from a vehicle registered in his name. The petitioner had no criminal antecedents and no pending investigation.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The issue was whether the accused petitioner should be granted bail in connection with the NDPS Act offense.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused petitioner.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon executing a personal bond and providing sureties.
JUDGMENT
Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.28/2021 of Police Station Bhainsroadgarh, District Udaipur, for the offence punishable under Sections 8/15 & 25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that at the time of recovery of contraband, present petitioner was not present and he is the registered owner of the vehicle from which the contraband was recovered. Counsel further submits that challan of the case was also presented against the petitioner for the offence under Section 8/25 of NDPS Act and there are no other criminal antecedents of the petitioner and now no investigation is pending. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
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 Jai Singh S/o Anna Singh Rawat, shall be released on bail in connection with FIR No.28/2021 of Police Station Bhainsroadgarh, District Udaipur, provided he executes a personal bond in a sum of Rs.2,00,000/-with two sound and solvent 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.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the recovered contraband and the expected trial duration.
The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, 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's decision was based on the consideration of the quantity of recovered contraband and the evidence linking the petitioner to the main accused in determining the grant of bail.
The court considered the nature of the recovered contraband and the expected trial duration in granting bail to the accused petitioner under Section 439 Cr.P.C.
The court considered the nature of the contraband and the absence of previous criminal antecedents related to the offence under the NDPS act against the petitioner in granting bail under Section 439 ....
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