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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Zakir Ali S/o Siddik Ali – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. establishment of incident, recovery details, and criminal antecedents. (Para 1 , 6 , 7) |
| 2. arguments concerning bail eligibility and evidentiary merits. (Para 2 , 3 , 4) |
| 3. procedural record of hearing and perusal of materials. (Para 5) |
| 4. judicial discretion for granting bail based on case merit. (Para 8) |
| 5. operative order granting bail with specific binding conditions. (Para 9 , 10) |
ORDER :
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Zakir Ali S/o Siddik Ali seeking bail in respect of a criminal case registered as FIR No.73/2026 dated 23.03.2026 registered at P.S. Khanpur, District - Jhalawar, for the offence under Sections 8, 20, 29 and 30 of NDPS Act.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is 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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3. Learned counsel for the p
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....
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....
When an investigation is complete and the accused has been in custody for a significant period, bail may be granted in cases involving recovery from unattended vehicles where direct possession is not....
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....
Bail granted based on lack of criminal antecedents and evidence supporting continued detention.
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.
Search and seizer of ganja - Grant of Bail - Nature and gravity of offence and further considering the quantity of ganja, which is more than a small quantity but less than commercial quantity.
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