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VIKAS BAHL
Navjot Singh @ Joti – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is a second petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.81 dated 07.05.2022, under Sections 307, 353, 186 and 34 IPC; Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985; and section 25 of the Arms Act (offence under Section 473 IPC has been added later on), registered at Police Station Sadar Faridkot, District Faridkot.
2. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 14.05.2022 and out of 37 witnesses, none have been examined and even the charges have not been framed and thus, the trial is likely to take time. It is submitted that the previous bail application of the petitioner was dismissed as withdrawn on 19.01.2023 and even thereafter, subsequent time has elapsed yet no witness has been examined and the trial has not made any progress, thus, entitling the petitioner to file the present petition.
3. Learned counsel for the petitioner has argued that the petitioner was not named in the FIR, and as per the case of the prosecution, was neither apprehended at the spot, nor any recovery of pistol or narcotic drug has been effected from
The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
The decision to grant regular bail was based on the length of custody, lack of support from key prosecution witnesses, and the interpretation of the accused's role in the case as per relevant legal p....
The central legal point established in the judgment is the requirement of direct evidence linking the accused to the crime, absence of recovery, and the influence of bail granted to a co-accused in d....
The main legal point established is that a bail application cannot be rejected solely based on the accused's involvement in other cases, and the court must consider the specific circumstances of the ....
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
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