The principle of parity in bail decisions applies when co-accused are granted bail, especially when no contraband is recovered from the petitioner.

Headnote:
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, 25, and 29 - Bail application filed under Section 483 of BNSS (439 of Cr.P.C.) for offences related to contraband - Petitioner claimed false implication and that co-accused had been granted bail - Court found no recovery from petitioner's possession and noted similarity with co-accused cases. (Paras 1-6)

(B) Bail - Consideration for bail includes the nature of the offence, the possibility of delay in trial, and the circumstances of the accused - The principle of parity applied as co-accused released on bail. (Paras 6-7)

Facts of the case:
The petitioner was arrested for allegedly escorting a vehicle loaded with contraband along with co-accused who had already been granted bail. The petitioner argued for bail due to prolonged judicial custody and the absence of contraband recovery from him.

Findings of Court:
The court found the petitioner’s case not distinguishable from that of co-accused who were granted bail and noted the lack of contraband recovery from the petitioner.

Issues: Whether the petitioner should be granted bail in light of the co-accused's bail and the circumstances of the case.

Ratio Decidendi: The court emphasized the principle of parity in bail decisions and the absence of contraband from the petitioner’s possession as significant in allowing bail without commenting on the case's merits.

Result: Bail application allowed.

Order :

KULDEEP MATHUR, J

1. This application for bail under Section 483 of BNSS (439 of Cr.P.C .) has been filed by the petitioner who has been arrested in connection with F.I.R. No.49/2022 registered at Police Station Shergarh, District Jodhpur, for the offences under Sections 8/20, 25 and 29 of the NDPS Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that as per the prosecution, the petitioner was escorting a Container No.RJ49-GA-2678 loaded with contraband (Ganja) with co-accused persons namely Rakesh and Akbar Khan in a Scorpio vehicle. Learned counsel for the petitioner further submitted that the co-accused persons namely Rakesh already been enlarged on bail by this Court vide orders dated 19.07.2023 and 20.03.2024 respectively.

4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail by this Court.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the case of the present petitioner is not at all distinguishable from that of the above named co-accused persons namely Rakesh and Akbar Khan who have already been enlarged on bail. This Court also prima facie finds that the contraband was not recovered from the conscious possession of the present petitioner. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 483 of BNSS (439 of Cr.P.C .) is allowed. It is ordered that the accused- petitioner Pawan Guru S/o Sumer Chand arrested in connection with F.I.R. No.49/2022 registered at Police Station Shergarh, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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