Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Narpat Ram – Appellant
Versus
State Of Rajasthan – Respondent
Order :
KULDEEP MATHUR, J
1. The application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.56/2024 registered at Police Station Jhab, District Sanchore (Jalore) for the offences under Sections 8/22 & 29 of the NDPS Act .
2. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the co- accused persons namely Bhanwarlal (S.B. Criminal Miscellaneous Bail Application No.1318/2025), Budharam @ Bhutraram (S.B. Criminal Miscellaneous Bail Application No.1319/2025) have already been enlarged on bail by this Court vide order dated 04.02.2025; and the co-accused Pradeep Eram @ Peeraram (S.B. Criminal Miscellaneous Bail Application No.15807/2024) and Raju Ram @ Rajsa (S.B. Criminal Miscellaneous Bail Application No.12992/2024) have also been enlarged on bail by a co-ordinate Bench of this Court vide order dated 14.01.2025. Learned counsel further submitted that the case of the present petitioner is not distinguishable from that of the above named co-accused persons.
4. Learned counsel for the petitioner submit
The court granted bail under the NDPS Act, emphasizing that the substance recovered was below commercial quantity and considering the precedent of co-accused being granted bail.
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 acquittal of co-accused and absence of contraband from the petitioner justify the granting of bail, indicating low likelihood of conviction.
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.
The court established that possession of Psychotropic Substances below commercial quantity warrants bail, especially when the investigation is complete.
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 when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail may be granted when the accused's role is not more severe than that of co-accused already granted bail, especially when trial may take a long time.
The court emphasized that when co-accused are granted bail under similar circumstances, the same should apply to the petitioners, considering the lengthy trial duration.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
