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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Mahipal S/o Sri Poona Ram Bishnoi – Appellant
Versus
State Of Rajasthan – Respondent
Order :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC 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 | 93/2024 |
| 2. | Concerned Police Station | Bhopalgarh |
| 3. | District | Jodhpur Rural |
| 4. | Offences alleged in the FIR | Section 8/15 & 18 NDPS Act |
| 5. | Offences added, if any | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned order | 10.10.2024 |
order
2. The facts in nutshell are that on 17.05.2024 SHO, PS Bhopalgarh along with his team conducted raid at the house of one Dinseh @ Kalu and recovered 6.8 Kg opium milk, 700 grams opium and 34 Kg doda post from a room. After usual investigation, he was interrogated and arrested, who while in custody disclosed the name of present petitioner. The first bail application being SBCRLMB No.13235/2024 was dismissed by this Court vide order dated 19.12.2024 and learned trial Court was directed to record the statement of Investigating Officer within three months. Now, Shri Surendra Kumar, Investigating Officer has been examined in trial as P.W.1, hence the instant bail application.
3. It is contended on beha
At the pre-conviction stage, bail is the rule, and mere confessions without corroborative evidence are insufficient for conviction.
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.
Confessions of co-accused require corroborative evidence to be admissible; without it, bail may be granted.
The court established that the absence of direct evidence linking an accused to a crime, along with prolonged incarceration without trial, can justify the granting of bail under Section 439 CrPC, des....
The court established that confessions require corroboration to be admissible for bail considerations, particularly under the NDPS Act.
Point of Law : Court refrains from passing any comments over the nature of accusation and quality of evidence yet it is of the opinion that the petitioner deserves to be enlarged on bail.
The court held that without corroborative evidence, a confession by a co-accused alone is insufficient to justify detention, affirming the necessity for substantive proof in criminal allegations.
The prosecution must provide strong prima facie evidence to justify the denial of bail; mere assertions are insufficient for continued detention.
Bail under Section 439 CrPC requires corroborative evidence for abetment or conspiracy; mere statements from co-accused are insufficient for detention.
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