In an NDPS offence where the petitioner was implicated via a co-accused's disclosure statement without direct evidence, the court granted bail recognising trial delays and lack of substantive proof against the accused.
Petitioner enlarged on bail by furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:16333]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.40/2024
Dinesh S/o Shri Ramprasad, Aged About 30 Years, R/o Borav, Police Station Bhesrodgarh District Chittorgarh (Rajasthan). (At Present Confined In Central Jail Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through its PP
----Respondent
For Petitioner(s) : Mr. Vinay Pal Yadav, Adv. For Respondent(s) : Mr. N.S. Gurjar, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
05/04/2024
[2024:RJ-JP:16333]
[CRLMB-40/2024]
(2 of 2)
and the charge-sheet has already been produced, trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.
(PRAVEER BHATNAGAR),J
Ashwani Kr Srivastava /-36
3 issues framed by the court
Whether bail should be granted to the accused implicated on the disclosure statement of a co-accused in a narcotics case with no direct evidence against him.
Whether the quantum of contraband and delay in trial militate against granting bail in an NDPS case.
Whether a personal bond is a sufficient condition for granting bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Dinesh S/o Shri Ramprasad
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
