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VINIT KUMAR MATHUR
Ratan Lal @ Kanhaiya Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.54/2021, Police Station Gulabpura, District Bhilwara for the offence punishable under Section 8/29 of NDPS Act.
2. The first bail application of the petitioner was dismissed on 20/01/2022 by this Court.
3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
4. It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the statements of seizure officer Om Pal and Investigating Officer Rajendra Tada have been recorded before learned trial Court as PW.1 and PW.2 respectively. Learned counsel submits that except the statement of co-accused Anup, there is no evidence against the petitioner in the present case to connect him with the recovery of the contraband in this case. He further submits that although the call details of the petitioner is available on record but neither the mobile has been recovered from the petitioner nor a certificate of 65B of the Evidence Act of the call details has been pro
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.
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 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 to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
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, ....
Granting 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.
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