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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dinesh Mehta, J.
Praveen Kumar @ Prince Chuchra – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 15377 of 2022
Decided On : 05-12-2022
Bail - N.D.P.S. Act - The court granted bail to the accused-applicant under Section 439 Cr.P.C. based on the lack of incriminating evidence against the applicant and the fact that the main accused from whom the contraband was recovered had been enlarged on bail.
Fact of the Case:
The applicant filed for bail under section 439 of the Cr.P.C. in connection with FIR No.0304/2022, Police Station Anoopgarh, District Sri Ganganagar for the offences under sections 8, 21 and 29 of the N.D.P.S. Act. The applicant had been enroped based on information of the main accused from whom contraband substance (heroin) was recovered.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-applicant under Section 439 Cr.P.C. based on the lack of incriminating evidence against the applicant and the fact that the main accused from whom the contraband was recovered had been enlarged on bail.
Issues: The main issue was whether the accused-applicant should be granted bail in connection with the N.D.P.S. Act offences based on the lack of incriminating evidence against him.
Ratio Decidendi: The court's decision was influenced by the lack of incriminating material/evidence against the applicant and the fact that the main accused from whom the contraband was recovered had been enlarged on bail.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused-applicant was granted bail on furnishing personal bond and sureties to the satisfaction of the trial Court.
JUDGMENT
Dinesh Mehta, J. - This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.0304/2022, Police Station Anoopgarh, District Sri Ganganagar for the offences under sections 8, 21 and 29 of the N.D.P.S. Act
2. Mr. Thind, learned counsel for the applicant submitted that the applicant has been enroped only on the basis of information of the main accused (Ajay Kumar and Anil Kumar) from whom contraband substance (heroin) of 105.40 gram was recovered. Learned counsel argued that the persons from whom contraband substance was recovered have been enlarged on bail as the quantity was below commercial. Claiming parity, learned counsel argued that the applicant who is behind bars since 01.06.2022, is also entitled to be released on bail.
3. Learned Public Prosecutor vehemently opposed the bail application.
4. Having regard to the facts and circumstances of the case and considering that the applicant is being prosecuted on the basis of statement of the main accused and the Public Prosecutor has failed to show any other incriminating material/evidence against the applicant and that the main accused from whom the contraband was recovered have been enlarged on bail, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C.
5. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Praveen Kumar @ Prince Chuchra S/o Bhagwan Das arrested in connection with FIR No. 0304/2022, Police Station Anoopgarh, District Sri Ganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.
6. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
7. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.
The decision to grant bail was based on the lack of incriminating evidence against the accused-applicant and the principle of parity with the main accused who had been enlarged on bail.
The quantity of contraband substance and comparison with co-accused can be considered in granting bail under Section 439 Cr.P.C. in NDPS Act cases.
The court's decision to grant bail was based on the specific circumstances of the case, including the quantity of contraband recovered and the filing of the charge-sheet.
The court's decision to grant bail was based on the assessment of the quantity of contraband substance, the duration of the applicant's custody, and the likelihood of the trial taking sufficient time....
The court may grant bail based on the nature of the offense and the circumstances of the case, such as the quantity of contraband and the expected duration of further investigation and trial.
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 quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
The recovery of contraband below commercial quantity, the grant of bail to a co-accused, filing of charge-sheet, and the expected lengthy trial were key factors influencing the court's decision to gr....
The court granted bail under Section 439 Cr.P.C. based on the release of a co-accused and absence of apprehension of the petitioner fleeing justice.
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