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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dinesh Mehta, J.
Suresh Kumar – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 12525 of 2022
Decided On : 02-12-2022
Bail - Narcotic Drugs and Psychotropic Substances Act - The court granted bail to the accused-applicant under Section 439 Cr.P.C. considering the quantity of contraband recovered, the filing of the charge-sheet, and the absence of pending investigation.
Fact of the Case:
The applicant filed for bail under Section 439 of the Cr.P.C. in connection with an offense under Section 8/15 & 25 of N.D.P.S. Act. The contraband recovered from the applicant's possession was 2 kg poppy straw, below commercial quantity, and the charge-sheet had already been filed.
Finding of the Court:
The court granted bail to the accused-applicant, considering the quantity of contraband recovered, the filing of the charge-sheet, and the absence of pending investigation. The court also emphasized that the observations made are prima-facie and should not hinder the trial court's independent view based on ocular and oral evidence.
Issues: The issues involved the grant of bail to the accused-applicant under Section 439 Cr.P.C., considering the nature of the offense and the circumstances of the case.
Ratio Decidendi: The court's decision to grant bail was influenced by the quantity of contraband recovered, the filing of the charge-sheet, the absence of pending investigation, and the likelihood of the trial taking some time.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused-applicant was granted bail upon furnishing a 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.144/2022, Police Station Muklawa, District Sriganganagar for the offence under Section 8/15 & 25 of N.D.P.S. Act.
2. Learned counsel for the applicant argues that the contraband recovered from the applicant’s possession was 2 kg poppy straw, which is below commercial quantity and that the charge-sheet has already been filed. He submits that neither any recovery is to be made nor the investigation is pending and the applicant is behind the bars since 15.09.2022. He therefore, prays that the applicant be released on bail.
3. Learned Public Prosecutor on the other hand vehemently opposed the bail application inter-alia highlighting that one more case of like nature is pending against the applicant and he is a habitual offender.
4. Having regard to the facts and circumstances of the case and considering the quantity of contraband recovered from the applicant and the fact that the charge-sheet has been filed so also the fact that neither any recovery is to be made nor any investigation is pending and the trial is likely to take some time, 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 Suresh Kumar S/o Sh. Om Prakash arrested in connection with FIR No.144/2022, Police Station Muklawa, District Sriganganagar 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 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 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 court established that in cases involving the NDPS Act, factors such as the quantity of contraband, duration of custody, and absence of prior offences can significantly influence the decision to ....
The court established that in cases involving narcotics, the quantity of contraband and the duration of custody are significant factors in determining bail eligibility.
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 recovery of contraband below commercial quantity and the expected lengthy duration of further investigation and trial are significant factors in considering bail applications under the NDPS Act.
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 quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
The court established that in cases involving the NDPS Act, the quantity of contraband, duration of custody, and absence of pending investigations are significant factors in determining bail eligibil....
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