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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
VINOD – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.93/2023 registered at Police Station Chhoti Sadri, District Pratapgarh, for offences under Sections 8/19 of the NDPS Act . Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
2. Learned counsel for the petitioner submitted that admitted case of the prosecution is that the contraband was not recovered from the conscious possession of the present petitioner. It was urged that the co-accused Girdhari, in his statements while being in custody, stated that the contraband was to be supplied to the petitioner. Learned counsel submitted that the c-accused persons namely Rahul @ Radhakishan (S. B . Cr. Misc. 2nd B ail Application No.14115/2023) and Virendra Singh (S. B . Cr. Misc. B ail Application No.13000/2023) have already been enlarged on bail by this Court and coordinate B ench of this Court vide orders dated 09.11.2023 and 19.10.2023.
3. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; contraband was not recovered from his conscious
Bail granted based on lack of conscious possession of contraband and previous bail granted to co-accused, emphasizing the trial's expected duration.
The court granted bail based on insufficient evidence against the petitioner and the principle of parity with a co-accused already released on bail.
The principle of parity in bail decisions applies when co-accused are granted bail, especially when no contraband is recovered from the petitioner.
Bail can be granted when the accused is not a flight risk and the case is similar to that of a co-accused who was previously granted bail.
Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.
Bail granted due to lack of direct evidence against the petitioner and fulfillment of conditions under the NDPS Act.
The court established that recovery of contraband below commercial quantity can justify bail, even in cases of joint possession.
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 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.
The principle of parity in bail applications allows for the release of accused if co-accused in similar circumstances have been granted bail.
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