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Applicant sought regular bail in case involving recovery of commercial quantity of contraband under NDPS Act. Court considered factors like prima facie case, nature of accusation, likelihood of offence repetition, severity of punishment, absconding risk, witness threat. Case based on chance recovery, peculiar absence of public witnesses despite crowded place. Charges framed but no witnesses examined yet. Applicant in custody since long, trial unlikely to complete soon. Apex Court granted bail in similar cases due to undue trial delay despite stringent NDPS Act bail provisions. Prolonged incarceration impinges on Article 21 rights. Court found prima facie case for bail due to absence of independent witnesses, trial delay. Bail granted on conditions of furnishing bonds, sureties to trial court's satisfaction.
Applicant sought regular bail in case involving recovery of commercial quantity of contraband under NDPS Act. Court considered factors like prima facie case, nature of accusation, likelihood of offence repetition, severity of punishment, absconding risk, witness threat. Case based on chance recovery, peculiar absence of public witnesses despite crowded place. Charges framed but no witnesses examined yet. Applicant in custody since long, trial unlikely to complete soon. Apex Court granted bail in similar cases due to undue trial delay despite stringent NDPS Act bail provisions. Prolonged incarceration impinges on Article 21 rights. Court found prima facie case for bail due to absence of independent witnesses, trial delay. Bail granted on conditions of furnishing bonds, sureties to trial court's satisfaction.
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