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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Kaushal S/o Bheem Singh Sansi – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. establishing the factual matrix and custodial status of the accused. (Para 1 , 7) |
| 2. parties' contentions regarding false implication and evidentiary admissibility. (Para 2 , 3 , 4 , 5) |
| 3. judicial criteria for granting bail pending trial. (Para 6 , 8 , 9) |
| 4. standard bail order with necessary conditional safeguards. (Para 10 , 11) |
ORDER :
1. These bail applications under Section 483 of BNSS are filed by the applicants-accused Kaushal S/o Bheem Singh Sansi and Sonu S/o Bannalal @ Banna Sansi, seeking bail in respect of a criminal case registered as FIR No.81/2026 dated 20.03.2026 registered at P.S. Sadar Tonk, District - Tonk, for the offence under Sections 8/20, 8/25 of NDPS Act.
2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicants undertakes not to repeat offence and cooperate with trial, which will take time.
3. Learned counsel on behalf of the petitioner accused K
Bail may be granted when the investigation is complete, the accused has been in custody for a significant period, and the trial is likely to be delayed, provided that the court does not express a fin....
When contraband is recovered from separate bags belonging to different individuals, the total quantity cannot be aggregated to constitute a commercial quantity. Consequently, stringent bail condition....
Bail may be granted in cases involving non-commercial quantities of contraband when the investigation is complete, the accused is no longer required for custodial interrogation, and the trial is expe....
Strict adherence to the provisions of the NDPS Act is mandatory for granting bail, especially concerning commercial quantities of narcotics, as reiterated by the court's findings.
Bail may be granted when the quantity of contraband is below commercial threshold and the accused has been in custody for an extended period.
In cases involving narcotics, where the investigation is complete, the recovered quantity is less than commercial, and there is no evidence of habitual involvement in illicit trade, the court may exe....
The court ruled that the lack of evidence and the applicants' clean record justified their release on bail.
Bail granted based on lack of criminal antecedents and evidence supporting continued detention.
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