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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAHUL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.210/2024 registered at Police Station chhattargarh, Dist. Bikaner, for the offences punishable under Sections 8/15 and 29 of NDPS Act.
2. Learned counsel for the petitioner submitted that the co-accused Nawal Kishore (S.B. Criminal Miscellaneous Bail Application No.15930/2024) has already been enlarged on bail by this Court vide order dated 04.03.2025. Learned counsel for the petitioner further submitted that the case of the present petitioner is not distinguishable from that of the above named co-accused person who has already been enlarged on bail; the petitioner is in judicial custody; challan against him has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
3. Per contra, learned Public Prosecutor has vehemently opposed the bail application.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
5. The order dated 04.03.2025 passed by this Court is reproduced herein below f
The court granted bail based on insufficient evidence against the petitioner and the principle of parity with a co-accused already released on bail.
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.
Bail granted based on lack of conscious possession of contraband and previous bail granted to co-accused, emphasizing the trial's expected duration.
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 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.
In the absence of substantial evidence against the accused and the grant of bail to co-accused, bail should be granted to ensure parity.
The court established that recovery of contraband below commercial quantity can justify bail, even in cases of joint possession.
The principle of parity in bail applications allows for the release of accused if co-accused in similar circumstances have been granted bail.
Bail granted due to lack of direct evidence against the petitioner and fulfillment of conditions under the NDPS Act.
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