Advocates:
Advocate Appeared:
Mr. Ashok Khilery, Mr. Surendra Bishnoi, AGA

Key Points from Judgment

Case Details and Bail Application
- Bail application filed under Section 439 CrPC by accused-petitioner Bhajanlal. [1] (!) (!)
- FIR No. 400/2023 at PS Devnagar, Jodhpur City West; offences under Sections 8/21 and 8/29 NDPS Act. [1] (!)

Facts of Recovery and Arrest
- On 07.11.2023, 75.65 grams MD (Mephedrone) and Rs.1,10,000/- recovered from co-accused Sandeep @ Sandy's house; he arrested and disclosed purchase from petitioner Bhajan Lal. (!) [6]
- Petitioner arrested on 07.04.2024 based solely on co-accused's statement; not present at recovery site, nothing recovered from him. [3][6]
- Co-accused's disclosure statements conflicting: first (08.11.2023) mentioned purchase from hotel near Pratapgarh Highway with Bhajan Lal; second (10.11.2023) specified purchase from Bhajan Lal S/o Bhanwar Lal at Mahalaxmi Sweets land. [6]

Lack of Corroborative Evidence
- No material connecting petitioner to contraband or co-accused beyond tainted disclosures; no meetings, CDR, texts, messages, recordings, or joint presence. [7][13]
- No new recovery or discovery pursuant to co-accused's information under Evidence Act Section 27. [6][8]
- Confessions require corroboration by recovery/discovery distinctly relating to crime; isolated confessional statements inadmissible without support. [8][9][10] (!)

Analysis of NDPS Offences
- Mere charge under Section 29 NDPS (abetment/criminal conspiracy) insufficient without material showing involvement; requires evidence of instigation, agreement, aid, or common intention. [11] (!) (!) [12] (!) (!) (!) (!) (!) (!) (!) [13]
- No evidence of abetment (instigation, conspiracy with act/omission, or intentional aid) or criminal conspiracy (agreement for illegal act). [12][13] (!) (!) (!) (!)

Bail Considerations under NDPS Section 37 and CrPC
- Petitioner in custody since 07.04.2024; detention unjustified without reliable evidence beyond uncorroborated, conflicting confessions. [5][6][7][14][15][18]
- Section 37 NDPS requires prima facie satisfaction of non-guilt and no likelihood of reoffending; not to render bail impossible, allowing provisional liberty balancing personal liberty. [16] (!) (!) [17][18]
- Prosecution must justify detention; lack of evidence fails to attract Section 37 embargo. [14][15][18]

Court's Findings and Ratio
- Accused arraigned on conjectures; no incriminating material or nexus to crime/co-accused. [3][6][7][13][15]
- Bail not to be denied solely on uncorroborated confessions; requires reliable evidence for detention. [6][7][8][10][14][15]
- Detailed evidence appreciation not at bail stage, but some corroboration needed to justify incarceration pending trial. [14][18]

Result
- Bail application allowed; petitioner to furnish personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each. [19]