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MANOJ KUMAR GARG
Harun Khan – Appellant
Versus
State Of Rajasthan – Respondent
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
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.
The court considered the nature of the recovered contraband and the expected trial duration in granting bail to the accused petitioner under Section 439 Cr.P.C.
The quantity of the recovered contraband and the absence of similar criminal cases can be considered in granting bail under the NDPS Act.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the offence, the quantity of contraband, and the expected duration of the trial.
The court may grant bail under Section 439 Cr.P.C. based on the nature of the recovered contraband and the expected trial duration.
The court established that in cases involving non-commercial quantities of drugs, the prolonged duration of trial can be a valid ground for granting bail under Section 439 Cr.P.C.
Bail may be granted under Section 439 Cr.P.C. when the contraband involved is below commercial quantity and the trial is anticipated to be prolonged.
The court may grant bail under Section 439 Cr.P.C. considering the quantity of recovered contraband and the expected duration of the trial.
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