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KULDEEP MATHUR
Rakesh S/o Shri Bhanwar Lal – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Kuldeep Mathur, J.
1. This third application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.158/2020, registered at Police Station Bilara, District Jodhpur Rural, for offences under Sections 307/34 of IPC; Sections 8/15 of NDPS Act; and Sections 3/25 of Arms Act.
2. The first bail application No.7992/2023 filed on behalf of the petitioner was dismissed by this Court on 27.04.2023. The second bail application No.895/2024 filed by the petitioner came to be rejected by a detailed order dated 07.02.2024 passed by this Court. The order dated 07.02.2024 passed by this Court is reproduced below for ready reference:-
2. Learned counsel for the petitioner submitted that as per prosecution, the SHO Police Station Bilara received a source information regarding transportation of narcotics and illegal wea
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
Bail – When Courts recognize and respect individual right to life and liberty as guaranteed under Article 21 of Constitution of India, it is duty of Court to recognize and respect such rights of citi....
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
Bail under NDPS Act requires the accused to demonstrate reasonable belief of innocence and no likelihood of re-offending; these conditions are cumulative and must be satisfied.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
Prolonged incarceration exceeding four years justifies bail under the NDPS Act, overriding statutory restrictions due to infringement of personal liberty under Article 21.
Bail in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds accused not guilty and unlikely to reoffend; negation of bail is rule, grant except....
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
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