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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
DINESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.48/2024 registered at Police Station Jaloda Jagir, Dist. Pratapgarh, for the offences under Sections 8/15 and 29 of NDPS Act.
2. Learned counsel for the petitioner submitted that the contraband (poppy husk/straw) weighing 56 Kgs. was recovered from the conscious possession of co-accused Parvesh. Learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of disclosure statements of co-accused Parvesh.
3. Learned counsel further submitted that another co-accused Krishnapal Singh (S.B. Criminal Miscellaneous Bail Application No.11605/2024) who had allegedly supplied the recovered comtraband to co-accused Parvesh, has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 18.09.2024. The order dated 18.09.2024 passed by the co- ordinate Bench of this Court while enlarging Krishnapal Singh is reproduced below for ready reference:
“1. Petitioner is lugged and locked in F.I.R No.48/2024 of Police Station Jaloda Jaagir, District Pratapgarh, for the offence under Section(s)
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.
The principle of parity in bail applications allows for the release of accused if co-accused in similar circumstances have been granted bail.
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 court granted bail based on the determination that the quantity of contraband supplied was below commercial threshold and the petitioner had no prior criminal antecedents.
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 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.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.
Bail granted due to lack of direct evidence against the petitioner and fulfillment of conditions under the NDPS Act.
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