HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Vinod Kumar – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.83/2021 registered at Police Station Raisinghnagar, District Sri Ganganagar, for offences under Sections 8/22, 25 and 29 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, during routine nakabandi, on 03.04.2021, a team of Police Station Raisinghnagar signaled a Motorcycle having registration No.RJ-13- DS-9436 to stop on which the co-accused- Vikram Kumar was a pillion rider and was carrying a sack on his shoulder. Being suspicious of his activities, a search of the said sack was being made by the police team and they recovered psychotropic substance (25000 tablets of Tramadol) weighing 9.400 Kgs packed in total 100 boxes from the conscious possession of the co- accused- Vikram Kumar. As per the prosecution, the petitioner Vinod Kumar fled away from the scene.
3. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case. Learned counsel submitted that co-accused Vikram Kumar (S.B. Cr. Misc. Bail Application No.11847/2024) from whose conscious possession, the psycho
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 detention without trial can warrant bail, especially when trial progress is slow and the accused claims false implication.
Prolonged incarceration without trial progress can justify bail under Section 439 Cr.P.C.
Prolonged judicial custody without trial progress can justify granting bail, emphasizing the right to timely justice.
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
The principle of parity in bail applications allows for granting bail when a co-accused has already been released, especially in the absence of criminal antecedents and when no recovery was made from....
The court emphasized that prolonged incarceration and slow trial progress can justify granting bail, irrespective of the case's merits.
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
Prolonged pre-trial detention without sufficient progress in trial proceedings can justify the granting of bail under Section 439 Cr.P.C.
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
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