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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Mubarik Ajmeri – Appellant
Versus
State of Rajasthan – Respondent
Order :
1.This second 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.76/2024 registered at Police Station Nimbahera Sadar, Dist. Chittorgarh, for the offences under Sections 8/15 and 8/29 of NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that in the present case, contraband (poppy husk/straw) weighing 22 quintals 21 kgs and 700 gms. was recovered from a Tata truck bearing registration No.PB-02-AY-7275. The offending vehicle was being driven by co-accused Baljinder Singh. Co-accused- Baljinder Singh in his statements recorded on 10.03.2024 divulged an information that he had procured the recovered contraband on being asked by co-accused- Aditya Jain from another co-accused- Ismail S/o Noor Mohammad. Co-accused- Ismail in turn divulged an information that he alongwith the present petitioner on 08.03.2024 loaded the recovered contraband in the offending vehicle. Learned counsel submitted that the statements of the Investigating Officer- Ram Sumer (PW.2) have already been recorded
The court granted bail due to lack of direct evidence against the petitioner and absence of criminal antecedents, emphasizing the presumption of innocence.
Bail should be granted when there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
The court granted bail based on the determination that the quantity of contraband supplied was below commercial threshold and the petitioner had no prior criminal antecedents.
Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.
The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
The court granted bail to the petitioner, finding insufficient grounds for continued detention based on the nature of the charges and comparison with a co-accused already granted bail.
Bail may be granted when the petitioner is not in possession of contraband and co-accused have been released, considering judicial custody and absence of criminal antecedents.
Bail may be granted when there is no direct evidence against the accused, especially if co-accused have been released and the trial is expected to be lengthy.
Bail may be granted under the NDPS Act when the accused is not in direct possession of contraband and meets the twin conditions for bail.
The absence of direct evidence against a petitioner, solely relying on co-accused statements, justifies the granting of bail under Section 439 Cr.P.C.
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