HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
HARMESH SINGH @ JORA SINGH – 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.155/2024 registered at Police Station Hindumalkot, Dist. Sri Ganganagar, for the offences under Sections 8/21 and 25 of NDPS 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 the contraband (Heroin) weighing 2.37 Kgs. was recovered from the conscious possession of co-accused persons namely Sandeep Singh @ CP and Balvindra Singh. Co-accused Balvinder Singh in the information divulged by him under Section 27 of the Indian Evidence Act stated that about two months prior to the date of recovery, he along with another co-accused Kuldeep Singh had kept the recovered contraband with the present petitioner.
4. Learned counsel submitted that apart from the disclosure statement of co-accused persons, there is no direct/ circumstantial evidence available on record indicating involvement of the present petitioner in commission of the alleged crime.
5. Lastly, learned counsel submitted that the petitione
The absence of direct evidence against the petitioner and the lengthy trial process justified the granting of 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.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
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 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.
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 contraband is not in the accused's possession and no substantial risk of reoffending is shown.
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.
The principle of parity in bail applications allows for the release of accused if co-accused in similar circumstances have been granted bail.
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