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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Pawan Guru – Appellant
Versus
State Of Rajsthan – Respondent
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.
The principle of parity in bail decisions applies when co-accused are granted bail, especially when no contraband is recovered from the petitioner.
The court granted bail due to lack of evidence against the petitioner and the prior bail granted to co-accused, emphasizing the importance of these factors in bail considerations.
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 due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.
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 court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
Bail may be granted based on the nature of the contraband, duration of custody, and the status of co-accused, especially when the contraband is below commercial quantity.
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.
The court emphasized that bail should be granted when there is insufficient evidence linking the accused to the crime, especially when co-accused have been released on similar grounds.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
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