IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Tufan Singh S/o Udai Singh Sondhiya – Appellant
Versus
State Of Rajasthan – Respondent
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JUDGMENT :
FARJAND ALI, J.
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 32/2023 |
| 2. | Concerned Police Station | Nimbahera |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Under Sections 8/15, 29 of NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 22.04.2024 |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and gone through the niceties of the matter.
5. The first bail application of the petitioner was rejected by this Court owing t
The prosecution must provide strong prima facie evidence to justify the denial of bail; mere assertions are insufficient for continued detention.
Bail is the rule at the pre-conviction stage, and denial should be exceptional, especially when evidence is insufficient and the accused's rights are at stake.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
Bail is a rule at the pre-conviction stage, and denial should be an exception, especially when evidence against the accused is lacking.
The right to personal liberty and a speedy trial under Article 21 mandates that continued pre-trial detention without substantive evidence is impermissible, and bail should be granted when claims aga....
The court established that the right to a speedy trial and personal liberty under Article 21 of the Constitution can override the statutory restrictions on bail under the NDPS Act, particularly when ....
Insufficient evidence, primarily based on co-accused statements, does not justify prolonged incarceration; bail granted maintaining parity with co-accused.
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
The court prioritized the right to a speedy trial over statutory restrictions on bail, emphasizing that personal liberty should not be compromised by prolonged incarceration without trial.
At the pre-conviction stage, bail is the rule, and mere confessions without corroborative evidence are insufficient for conviction.
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