Criminal Procedure Code, 1973
Section 439—Bail—Case registered under Section 8 (c), 20, 22 & 29 of the NDPS Act—Nothing recovered from the applicant—Complicity of applicant under Section 29 of the NDPS Act is without basis of any evidence—No incriminating material to show that the applicant was admin/owner/member of ‘Orient Express’ Telegram Group—Allegations under Section 29 of the Act are not made out against the applicant—Bank account statements do not make out a case against the applicant—No discovery of ‘fact’ in terms of Section 27 of the Evidence Act was unearthed pursuant to Section 67 of the NDPS Act statement of the applicant—Co-accused have already been granted bail—Case of applicant stand on a similar footing—No recovery was made from applicant and he is not required for further investigation—Applicant is only 22 years’ old and is a student—Trial is likely to take a considerably long time—Triple test i.e. (a) flight risk; (b) tampering with evidence and (c) influencing of witnesses can be take care of by imposing stringent bail conditions—Application allowed.
[Paras 9, 11, 12, 22, 30, 32, 34, 36 to 39]