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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Gurdev Singh – Appellant
Versus
State Of Rajasthan – Respondent
Order :
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 FIR No.283/2023 registered at Police Station Sri Vijaynagar, District Sri Ganganagar, for offences under Sections 8/21, 25 and 29 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, acting on a secret information, on 23.09.2023, a team of Police Station Sri Vijaynagar apprehended a Hundai Verna Car having registration No.DL-3C-BP-7865 which was being driven by the present petitioner and the co-accused Jagroop and Gurpreet Singh were also accompanying him. On a search of the offending vehicle being made, contraband (smack/chitta) weighing 280 gms. was recovered. The petitioner as well as the co-accused were arrested on the spot.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 23.09.2023. He further submitted that till date, out of total 14 cited prosecution witnesses, only 2 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay
Prolonged pre-trial detention without sufficient progress in trial proceedings can justify the granting of bail under Section 439 Cr.P.C.
Prolonged judicial custody without trial progress can justify granting bail, emphasizing the right to timely justice.
The court emphasized that prolonged incarceration and slow trial progress can justify granting bail, irrespective of the case's merits.
Prolonged detention without trial can warrant bail, especially when trial progress is slow and the accused claims false implication.
Prolonged judicial custody and trial delays can justify bail under the NDPS Act, even for serious offences, if the accused are not responsible for the delays.
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
Extended judicial custody without trial and lack of evidence of possession justify bail under Section 439 Cr.P.C.
Bail – Fifth bail application filed solely on the ground of custody period of accused and keeping in view fact that trial against him has not been completed till date, deserves to be accepted.
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
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