Granting bail based on the totality of the facts and circumstances of the case.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
Fact of the Case:

The petitioner was arrested for offences under NDPS Act and IPC. The petitioner applied for bail under Section 439 Cr.P.C.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner considering the totality of the facts and circumstances.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail.

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.28/2019 of Police Station, Karda, District Jalore for the offences punishable under Sections 8/15 of NDPS act and 465 and 476 of I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that he along with co-accused Om Prakash have transported huge quantity of narcotic contraband poppy straw above commercial quantity in a vehicle. Learned counsel for the petitioner has further submitted that in the charge-sheet, the police has concluded that they have identified the petitioner and co-accused Om Prakash on the basis of CCTV footage of the road from where the vehicle was passed.

4. It is further submitted that the co-accused Om Prakash has already been enlarged on bail by the Coordinate Bench of this Court on 12.01.2022 and case of the petitioner is not distinguishable from him.

5. Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that the co-accused Om Prakash has already been enlarged on bail and case of the petitioner is not distinguishable from him.

6. 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.

7. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Dinesh Kumar S/o Ramlal shall be released on bail in connection with FIR No.28/2019 of Police Station, Karda, District Jalore 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.

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