The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.

Headnote:
Bail - NDPS Act - Grant of Bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. after being arrested for an offence under Section 8/21 of NDPS Act. The first bail application was dismissed, and the petitioner had been in judicial custody since a specific date.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances.
Issues: The main issue was the grant of bail to the accused petitioner under Section 439 Cr.P.C. in connection with the NDPS Act offence.
Ratio Decidendi: The court considered the fact that the recovered contraband was below commercial quantity, the challan of the case had been presented, and the accused had been in judicial custody for a significant period. Without expressing any opinion on the merits of the case, the court deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon executing a personal bond and providing sureties to the satisfaction of the trial court.

JUDGMENT

Manoj Kumar Garg, J. - The Second bail application has filed by the petitioner under 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.105/2022 of Police Station Nohar, District Hanumangarh, for the offence punishable under Section 8/21 of NDPS act. The first bail application was dismissed as not pressed with liberty to file afresh after filing of the charge-sheeet vide order dated 15.03.2022.

2. Learned counsel for the petitioner submits that the recovered contraband is below commercial quantity and challan of the case has already been presented. The accused-petitioner is in judicial custody since 28.02.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. 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, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Harun Khan S/o Sh. Subhan Khan, shall be released on bail in connection with FIR No.105/2022 of Police Station Nohar, District Hanumangarh, provided he executes a personal bond in a sum of Rs.2,00,000/-with two sound and solvent sureties of Rs.1,00,000/- 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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