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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
VASU @ RAM LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This 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.216/2019, registered at Police Station Nimbahera Sadar, District Chittorgarh, for the offences under Sections 8/15 and 29 of the NDPS Act.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the co-accused- Kailash Chander (S.B. Criminal Misc. 4th Bail Application No.11473/2023) who had allegedly procured the contraband greater than the commercial quantity and was transporting the same has already been enlarged on bail by this Court vide order dated 02.11.2013. Learned counsel submitted that another co-accused- Shanti Lal (S.B. Criminal Misc. 3rd Bail Application No.11201/2024) has also been enlarged on bail by this Court vide order dated 19.11.2024.
4. Learned counsel submitted that apart from the disclosure statements of the co-accused- Kailash Chander recorded under Section 27 of the Indian Evidence Act, there is no direct/circumstantial evidence available on record indicating involvement of the petitioner in commission of the alleged
Bail may be granted when there is no direct evidence against the accused, especially if co-accused have been released and the trial is expected to be lengthy.
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 court granted bail under Section 439 Cr.P.C. based on the release of a co-accused and absence of apprehension of the petitioner fleeing justice.
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 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 may grant bail under Section 439 Cr.P.C. based on the circumstances and the nature of the alleged offences, without expressing any opinion on the merits/demerits of the case.
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 should be granted when there is no direct or circumstantial evidence against the accused, despite initial implicating statements that have been retracted.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
The court emphasized that bail should be granted when there is insufficient evidence linking the accused to the crime, especially when co-accused have been released on similar grounds.
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