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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
HEMRAJ MEENA S/O SHRI RAMKARAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Apprehending his arrest in connection with FIR No.531/2024 registered at Police Station Sanganer, District Jaipur City (East) for the offence(s) under Section 8/20 of NDPS Act , the accused- petitioner has preferred this anticipatory bail application under Section 482 BNSS.
2. Learned counsel for the accused-petitioner submits that accused-petitioner has falsely been implicated in this case. It is contended that the recovery of contraband articles were effected from the possession of other co-accused Rohit Sahu and he has named the accused-petitioner. Apart from the possession of the disclosure statement of the other co-accused, there is no substantive evidence available on record. The accused-petitioner is ready and willing to cooperate with the investigation, therefore, anticipatory bail of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the anticipatory bail application and contended that the accused- petitioner is a habitual offender and against him, two similar nature of cases were registered, therefore, considering the criminal antecedents of the accused-petitioner, the anticipatory bail application of the accused-petitioner
The court granted anticipatory bail due to lack of substantive evidence against the accused-petitioner and his willingness to cooperate with the investigation.
Anticipatory bail can be granted when substantial evidence is lacking, and the accused is willing to cooperate with the investigation.
Anticipatory bail granted when no substantive evidence exists against petitioners and they cooperated with the investigation.
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