Vaman Narain Ghiya vs State Of Rajasthan

The Supreme Court upheld the rejection of bail for the appellant involved in smuggling antiques, emphasizing that he was facing trial for offenses under Sections 457, 380, and 411 IPC, while the discharge under Section 413 IPC was set aside by the High Court. The Court noted that the appellant had been in custody for over two years and had not been implicated by any prosecution witnesses, but the State's opposition based on prior bail rejections was significant. The Court reiterated that bail applications must be considered based on the merits of the case and the provisions of Section 439 of the Code of Criminal Procedure, 1973, which requires the applicant to be in custody.