Criminal Procedure Code, 1973
Section 439—Bail—Case under NDPS Act—Allegations against applicants is essentially based on disclosure statement of the co-accused persons—Merely because the applicants were in regular touch with the co-accused, the same is not sufficient to establish the offence against the applicants—Whether the financial transactions between the applicants and accused persons and the whatsapp chats were in regard to the contraband, can only be ascertained after the entire evidence is led—Charges are yet to be framed and applicants have clean antecedents—Embargo of Section 37 of the NDPS Act does not come in the way granting bail to the applicants—Trial is likely going to take long time to conclude—Any apprehensions that applicants will indulge in similar offences or evade trial can be taken care of by putting appropriate conditions—Bail granted.
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