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RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Bhagwanlal @ Bhagchand @ Bhaguba - Appellant
Versus
State - Respondent
Criminal Miscellaneous IV Bail Application No. 12892 of 2021
Decided On : 02-12-2021
[BAIL] - [NDPS ACT] - [The court granted bail to the petitioner under Section 439 Cr.P.C., considering the fact that co-accused had been granted bail under similar circumstances, and found no distinguishable factors in the petitioner's case. The decision emphasized the principle of parity in bail applications among co-accused.]
Fact of the Case:
The petitioner was arrested in connection with FIR No.486/2019 for offenses under Section 8/15 and 29 of the NDPS Act and filed a fourth bail application after previous applications were rejected.
Finding of the Court:
The court noted that co-accused had been granted bail and found the petitioner's case not distinguishable from theirs, leading to the decision to grant bail.
Issues: Whether the petitioner should be granted bail under Section 439 Cr.P.C. given that co-accused had been granted bail.
Ratio Decidendi: The principle of parity in bail applications was applied, as the circumstances of the petitioner were found to be similar to those of co-accused who had been granted bail.
Result: The court allowed the bail application, directing the petitioner to execute a personal bond and sureties for his release.
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.
2. The petitioner(s) has/have been arrested in FIR No.486/2019 of Police Station Pindwada, Distt. Sirohi for the offence(s) punishable under Section(s) 8/15 and 29 of the NDPS Act. He/she/they has/have preferred this/these fourth bail application(s) under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that after rejection of the earlier bail application of the petitioner, Co-ordinate Benches of this Court have granted bail to co-accused persons namely Ramesh and Manohar Lal. It is further submitted that case against the petitioner is under Section 8/29 of the NDPS Act. It is further submitted that when the other co-accused persons have already been granted bail, the petitioner may also be enlarged on bail.
4. Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that case of the petitioner is not distinguishable from the case of other co-accused persons, who have been enlarged on bail.
5. 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 petitioner(s) under Section 439 Cr.P.C.
6. Accordingly, this/these fourth bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) ? Bhagwanlal @ Bhagchand @ Bhaguba S/o Jitmal shall be released on bail in connection with FIR No.486/2019 of Police Station Pindwada, Distt. Sirohi provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their 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 established that the principle of parity in bail applications is crucial when co-accused are granted bail under similar circumstances.
Insufficient evidence, primarily based on co-accused statements, does not justify prolonged incarceration; bail granted maintaining parity with co-accused.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
The court emphasized that the grant of bail is contingent upon the circumstances of the case, particularly in relation to co-accused and the absence of factors against bail.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
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