Bail granted under BNSS, 2023 and NDPS Act due to lack of evidence; Court criticizes prosecution's reliance on information from co-accused
In a significant judgment, the Rajasthan High Court, Jaipur Bench, presided over by Justice Ashok Kumar Jain, has granted bail to Akshya, accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 and Bharatiya Nagarik Suraksha Sanhita, 2023. The bail application was allowed on the grounds of no recovery being effected from the accused, completion of investigation, and filing of the charge sheet.
The case, registered as FIR No. 49/2026 at P.S. Beawar Sadar, involved Akshya being implicated based on information provided by another accused, Jawan Singh. While a significant quantity of smack and cash were recovered from Jawan Singh, no such recovery was made from Akshya. The Court noted that the applicant-accused had been in custody for a substantial period and was no longer required for investigation, leading to the granting of bail.
The judgment criticized the prosecution's approach, highlighting the lack of sufficient legal evidence before forwarding an individual for trial. The Court emphasized the need for comprehensive evidence and warned against the wrongful prosecution of individuals based merely on hearsay from co-accused. It further recommended compensation under Section 273 of BNSS for those wrongfully prosecuted, paralleling Section 250 of the CrPC.
Justice Jain laid down strict bail conditions to ensure compliance and prevent misuse, including prohibitions against tampering with evidence, influencing witnesses, indulging in criminal activities, or violating bail conditions. Non-compliance would result in bail cancellation.
The judgment also serves as a caution to law enforcement agencies, urging them to exercise due diligence in collecting evidence before implicating individuals in criminal activities. A copy of the order was directed to be sent to the ACS Home and DGP Rajasthan to prevent future instances of wrongful prosecution.
Bottom line:-
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Section 8/21 of NDPS Act allowed; applicant-accused granted bail as no recovery was effected, investigation completed, and charge sheet filed.
Statutory provision(s):
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 Section 8/21
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 273
- CrPC Section 250
Akshya v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2894958
