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FARJAND ALI
Dheerap Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The jurisdiction of this court has been invoked by way of filing the instant third bail applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 166/2021 |
| 2. | Concerned Police Station | Dug |
| 3. | District | Jhalawad |
| 4. | Offences alleged in the FIR | Sections 8/15 and 29 of NDPS Act. |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 08.02.2024 |
2. The first and second bail applications of the petitioners were rejected by this Court vide order dated 06.07.2022 and 31.07.2023 being S.B. CRLMB No.518/2022, 4514/2022 and 5341/2022 and S.B. Criminal Misc. 2nd Bail Application Nos.7758/2023, 9392/2023 and 9394/2023.
3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. They have been made accused on the strength of confessional statement allegedly made by co-accused Elkar Singh during police custody which is otherwise not admissible in evidence by virtue of Sections 25 and 26 of Indian
Confessions of co-accused require corroborative evidence to be admissible; without it, bail may be granted.
Point of Law : Court refrains from passing any comments over the nature of accusation and quality of evidence yet it is of the opinion that the petitioner deserves to be enlarged on bail.
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....
Point of Law : . It is needless to say that any observations, particularly observation with regard to admissibility of confessional statement before trial shall not influence the trial judge so as to....
The court established that confessions require corroboration to be admissible for bail considerations, particularly under the NDPS Act.
At the pre-conviction stage, bail is the rule, and mere confessions without corroborative evidence are insufficient for conviction.
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.
Bail under Section 439 CrPC requires corroborative evidence for abetment or conspiracy; mere statements from co-accused are insufficient for detention.
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.
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