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DINESH MEHTA
Praveen Kumar @ Prince Chuchra – Appellant
Versus
State of Rajasthan – Respondent
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 recove
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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