The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

2. The petitioner has been arrested in FIR No.100/2019 of Police Station Kherapa, District Jodhpur for the offences punishable under Sections 8/15, 25 and 8/29 of NDPS Act and under Section 3 of PDPP Act and under Sections 307, 332, 353, 420, 467, 468, 471 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner Mr. Anand Purohit, Sr. Advocate has submitted that from the statements of the Seizure Officer PW-1, it is clear that from the car, which was allegedly driven by the petitioner, 48 kgs. of poppy straw were recovered, whereas this Court while taking into consideration the fact that 49 kgs. of poppy straw were recovered from co-accused Ghevar Ram, has enlarged on bail on the ground that narcotic contraband recovered from him is below commercial quantity.

4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Gopal @ Gorap Ram S/o Budha Ram shall be released on bail in connection with FIR No.100/2019 of Police Station Kherapa, District Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.