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JASJIT SINGH BEDI
Franklin – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J.
The prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.0285 dated 31.03.2023 under Sections 21(c), (Section 27(a) of NDPS Act, 1985 and section 14 of Foreigners Act, 1946 added later on) at Police Station Hisar Sadar, District Hisar.
2. The brief facts of the case are that the arrested accused disclosed that they had purchased the contraband from the petitioner.
3. The learned counsel for the petitioner contends that the petitioner had been falsely implicated in the present case. He contends that the name of the petitioner figured in the disclosure statement of his co-accused. Pursuant to his arrest, no recovery whatsoever had been effected. Reliance is placed on the judgments in the cases of Tofan Singh v. State of Tamil Nadu, 2020 AIR (Supreme Court) 5592, Rakesh Kumar Singla v. Union of India, 2021 (1) RCR (Criminal) 704, Surinder Kumar Khanna v. Intelligence Officer Directorate of Revenue Intelligence, 2018 (3) RCR (Criminal) 954, State by (NCB) Bengaluru v. Pallulabid Ahmad Arimutta & Anr. 2022 (1) RCR (Criminal) 762, Sanjeev Chandra Agarwal & Anr. v. Union of India 2021 (4) RCR (Criminal) 590, Vija
Bail can be granted when an accused is named in a co-accused's disclosure statement without recovery, especially if they are a first-time offender and the trial is delayed.
Bail can be granted when an accused is named in a co-accused's disclosure statement but no recovery is made, especially if the trial is likely to be prolonged.
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
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