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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
ASHOK KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.69/2022, registered at Police Station Begun, District Chittorgarh, for offences under Sections 8/15 and 29 of NDPS Act .
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that co-accused Dinesh Rabari (S.B. Criminal Miscellaneous Bail Application No.8141/2023) has already been enlarged on bail by this Court vide order dated 04.12.2023. Learned counsel submitted that in the present case, contraband (poppy husk/straw) weighing 420 Kgs. was recovered from a Bolero vehicle. The petitioner has been implicated in the present case solely on the basis of statements of registered owner of the offending vehicle namely Karan. Apart from the disclosure statements of co-accused, there is no direct/corroborative evidence available on record indicating involvement of the petitioner in commission of the alleged crime.
4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; challan against him has a
The absence of direct evidence against the accused and satisfaction of bail conditions under the NDPS Act justified the grant of bail.
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
The court granted bail under Section 439 Cr.P.C. based on the release of a co-accused and absence of apprehension of the petitioner fleeing justice.
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 emphasized that bail should be granted when there is insufficient evidence linking the accused to the crime, especially when co-accused have been released on similar grounds.
The main legal point established in the judgment is that bail can be granted under Section 439 Cr.P.C. when the petitioner's direct involvement is not established, and there is a lack of evidence sho....
Bail may be granted if the accused shows no knowledge of the contraband and has been in custody for a significant time, despite the seriousness of the charges.
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....
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 should be granted when there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
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