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RAJEEV KUMAR DUBEY
Rajesh Sahu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Dubey, J. - This is first application filed under section 439 Cr.P.C. applicant Rajesh Sahu was arrested on 8/2/2022 in Crime No. 578/2021 registered at Police Station Kotma, Distt. anuppur (MP) for the offence punishable under Sections 8, 20-B of the NDPS act.
as per prosecution case, on 13/12/2021 on the information of informant, police stopped the motorcycle bearing registration No.MP-65ME3091, which was being driven by co-accused Neeraj Sahu seized 5.125 kg. ganja from his possession, which was illegally being carried by the co-accused on that bike. On interrogation, co-accused Neeraj informed the police that the said ganja was given to him by the applicant. On that, police arrested the applicant on 8/2/2022.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. There is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused, implicated the applicant in the crime while memorandum of the co- accused is not admissible in evidence. The applicant has been in custody since Charge sheet has been filed and the conclusion of trial will
The admissibility of evidence and the requirement of direct evidence to establish connection with the crime are crucial in bail applications.
Granting bail based on concerns over alleged false recovery and lengthy trial process under N.D.P.S. act
Confessional statements made to officers under the NDPS Act are barred by Section 25 of the Evidence Act, rendering them inadmissible for prosecution purposes, thus affecting the grounds for bail.
The court has the discretion to grant bail under Section 439 of CrPC, considering the circumstances and without commenting on the merits of the case.
Confessional statements to officers under the NDPS Act are inadmissible as evidence, and bail must be granted if there is insufficient evidence against the accused.
The court may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
The court may grant bail under Section 439 of Cr.P.C. considering the custody period and the status of co-accused, without adverting to the merits of the case.
Confessional statements to the police cannot be accepted as legal evidence against the accused in the absence of any other incriminating piece of evidence.
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.
The court considered the quantity of contraband recovered and the implication based on the statement of another accused in granting bail to the applicant.
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