Back
FARJAND ALI
Koshla Ram S/o Kheraj Ram – Appellant
Versus
State Of Rajasthan, – Respondent
ORDER :
1. The jurisdiction of this court has been invoked by way of filing the instant second bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 245/2022 |
| 2. | Concerned Police Station | Chhoti Sadari |
| 3. | District | Pratapgarh |
| 4. | Offences alleged in the FIR | Section 8/15 of the NDPS Act |
| 5. | Offences added, if any | Sections 8/29 of the NDPS Act & Sections 379 & 411 of the IPC |
| 6. | Date of passing of impugned order | 24.05.2024 |
2. The first bail application came to be dismissed as not pressed by this Court vide order dated 27.03.2024 passed in SBCRLMB No.2778/2024. While rejecting the first bail application a liberty was given to the petitioner to renew the prayer for bail after filing of the charge sheet. Hence the intant bail application.
3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he
The court established that uncorroborated confessions under Section 27 of the Evidence Act cannot be solely relied upon for conviction or bail denial.
Indefinite detention based on uncorroborated confessions is unjustifiable; the prosecution must provide additional evidence to warrant continued incarceration.
The court established that confessions require corroboration to be admissible, and insufficient evidence can warrant bail despite the NDPS Act's stringent provisions.
The court established that for bail under the NDPS Act, there must be corroborative evidence beyond confessions to justify detention.
Confessions of co-accused require corroborative evidence to be admissible; without it, bail may be granted.
Bail under NDPS Act requires stringent conditions; the court must find reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
Bail is the rule at the pre-conviction stage, and denial should be exceptional, especially when evidence is insufficient and the accused's rights are at stake.
The court established that the absence of direct evidence linking an accused to a crime, along with prolonged incarceration without trial, can justify the granting of bail under Section 439 CrPC, des....
The court established that confessions from co-accused require corroboration to justify detention, emphasizing the importance of evidence in bail considerations under the NDPS Act.
The court established that confessions require corroboration to be admissible for bail considerations, particularly under the NDPS Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
