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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Surendra – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. This application for bail has been filed under Section 483 BNSS (439 of Cr.P.C.) on behalf of the petitioner who has been arrested in connection with F.I.R. No.117/2024, registered at Police Station Kotwali Nimbahera, District Chittorgarh, for the offences punishable under Sections 815 and 8/29 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 as per the prosecution, a police team of Police Station, Nimbahera on 07.03.2024, during routine nakabandi of the area falling under the jurisdiction flagged down one Innova Car bearing Registration No.RJ-14-UE-3019. However, the driver of the offending vehicle being co-accused Bhairulal managed to flee from the scene. Upon an interrogation of the co-accused Govind Kumar and upon a search of the offending vehicle, the contraband (Poppy Husk/Straw) weighing 219 kgs. and 200 gms. was recovered. The co-passenger of the offending vehicle, i.e. co-accused Govind Kumar on being asked, could not show any valid license to possess or transport the recovered contraband. Learned counsel for the petitioner
In the absence of substantial evidence against the accused and the grant of bail to co-accused, bail should be granted to ensure parity.
The court granted bail based on insufficient evidence against the petitioner and the principle of parity with a co-accused already released on bail.
Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.
Bail may be granted under the NDPS Act when the accused is not in direct possession of contraband and meets the twin conditions for bail.
The court granted bail to the petitioner, finding insufficient grounds for continued detention based on the nature of the charges and comparison with a co-accused already granted bail.
Bail granted due to lack of direct evidence against the petitioner and fulfillment of conditions under the NDPS Act.
Bail may be granted when the petitioner is not in possession of contraband and co-accused have been released, considering judicial custody and absence of criminal antecedents.
The principle of parity in bail applications allows for the release of accused if co-accused in similar circumstances have been granted bail.
Bail granted based on lack of conscious possession of contraband and previous bail granted to co-accused, emphasizing the trial's expected duration.
Bail may be granted if the accused shows no knowledge of the contraband and has been in custody for a significant time, despite the seriousness of the charges.
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