HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
LAXMI NARAYAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.77/2023 registered at Police Station Gangrar, Dist. Chittorgarh, for the offences under Sections 8/18 ofNDPS 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 in the present case, contraband (opium) weighing 1.700 Kgs, 1.500 Kgs and 1.500 Kgs. was recovered from the conscious possession of co-accused persons namely Smt. Jyoti @ Jyoti, Smt. Shanti Bai and Smt. Manorama Bai. Learned counsel submitted that all the above named co-accused persons have already been enlarged on bail by this Court vide order dated 26.04.2023 on the ground that the contraband recovered from their conscious possession is below commercial quantity.
4. Drawing attention of the Court towards the challan papers, learned counsel for the petitioner submitted that co-accused Smt. Jyoti @ Jyoti in the disclosure statements recorded under Section 27 of the Indian Evidence Act divulged an information that she had procured the c
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
The absence of direct evidence against the petitioner and the lengthy trial process justified the granting of bail.
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.
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 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 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.
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.
Bail may be granted when the accused is not in direct possession of contraband and there is no evidence of reoffending.
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
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