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NANDITA DUBEY
Rajendra Prasad Rajbade – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Nandita Dubey, J. - This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail.
2. The applicant is in custody since 21.10.2022 in connection with Crime No.449/2022 registered at P.S. Chachai, District Anuppur for the offence punishable under Sections 8/20B of NDPS Act.
3. As per the prosecution,66.950 kg. Ganja was seized from a stationary vehicle by the police. It is stated that the driver ran away from the spot. During investigation, on the basis of registration of the vehicle, the present applicant was arrested. He was found to be the registered owner of that vehicle.
4. Learned counsel for the applicant submits that the applicant has been falsely implicated only on the basis that the vehicle was registered in his name. It is stated that the co-accused who is also the relative of applicant has taken the vehicle from him for purchasing the vegetables as their own vehicle has broken down. It is stated that the said vehicle is still parked outside the house of the present applicant since 13.10.2022. It is further stated that the applicant has no past criminal antecedent. He is under custody since 21.10.2022 and the trial would take con
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.
The admissibility of evidence and the requirement of direct evidence to establish connection with the crime are crucial in bail applications.
The ownership of the vehicle used for transporting contraband and the presence of the accused at the time of the incident are crucial factors in determining bail applications under the NDPS Act.
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.
Event though the applicant has 15 other criminal cases registered against him, he has only two cases coming under the NDPS Act registered against him. In those cases, he has been granted bail because....
Regular bail may be granted where continued detention is not warranted, even with prior similar offenses.
Granting bail based on concerns over alleged false recovery and lengthy trial process under N.D.P.S. act
Grant of bail - Search and seizer of contra bad Ganja - No antecedent of similar nature of offence - nature of allegation, quantity of contraband recovered from the possession.
The court can grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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