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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
Ram @ Sanjay – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. arrest in connection with fir (Para 1) |
| 2. details of the incident (Para 2) |
| 3. co-accused involvement (Para 3) |
| 4. defense counsel's arguments (Para 4 , 5 , 6) |
| 5. prosecution's opposition (Para 7 , 8 , 9) |
| 6. court's consideration of law (Para 10 , 11) |
| 7. court's reasoning on bail (Para 12 , 13 , 14) |
| 8. bail application outcome (Para 15) |
Order :
1. This third application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.265/2020, registered at Police Station Badi Sadri, District Chittorgarh, for offences punishable under Sections 307 and 353 of IPC; Sections 3/25 of Arms Act; and Sections 8/15, 8/25 and 8/29 of NDPS Act.
2. As per the prosecution, on 09.11.2020, SHO, Police Station Badi Sadri during routine nakabandi near Ramanujam School, Khermalia Road, Sarhad Khardewla, at about 09:50 pm., signalled one white coloured unnumbered Scorpio vehicle to stop. Upon seeing the police, the driver of the Scorpio vehicle accelerated the vehicle and the co-passenger of the vehicle started firing towards the police personnel. Due to the road being narrow, the driver of the Scorpio vehicle tried to flee from
Bail under NDPS Act requires stringent conditions; the court must find reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
The stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.
The court held that jurisdictional compliance under the NDPS Act is crucial, but evidence against the petitioner is sufficient to deny bail, with non-compliance issues to be addressed at trial.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
The court ruled that the conditions for bail under Section 37 of the NDPS Act were not satisfied, emphasizing that disability alone does not justify bail in serious drug offences.
The court ruled that non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
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.
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