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PRAVEER BHATNAGAR
Bhomaram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused petitioner. The petitioner has been arrested in connection with FIR No.178/2023 registered at Police Station Mandhana, District Kota for the offence(s) under Sections 8/15 & 8/29 of the NDPS Act.
2. Learned counsel for the accused-petitioners submits that a false case has been foisted against the petitioners. The accused petitioners have nothing to do with the alleged offence and have been implicated in the case based upon the statements of the main accused Premaram & Rakesh from whom possession 14 kg 700 gms poppy straw was recovered. Apart from the discloser statement, there is no substantive peace of evidence available on record against the accused-petitioners. Accused-petitioners are in custody since long. Trial is likely to take long time to conclude. No useful would be served by keeping the accused-petitioners behind the bars till disposal of the case.
3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail applications and contend that rider of Section 37 of the NDPS Act is applicable in the instant
The absence of direct evidence against accused petitioners and their prolonged custody justified the granting of bail under Section 439 Cr.P.C.
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 to an accused under Section 439 of the Criminal Procedure Code, considering the facts and circumstances of the case, even if the accused is charged under th....
Compliance with Section 50 of the NDPS Act is crucial for the protection of the accused's rights during searches, and violations can lead to the granting of bail.
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
The court established that in the absence of substantial evidence linking the accused to the crime, the provisions of Section 37 of the NDPS Act do not bar the granting of bail.
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