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 parties and perused the material available on record.

2. The petitioner(s) has/have been arrested in FIR No.76/2019 of Police Station Rajgarh, Distt. Churu for the offence(s) punishable under Section(s) 8/25, 8/18, 8/29, 25 and 29 of the NDPS act. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioners has submitted that as per the prosecution story, the petitioners along with one Sukhram were apprehended by the police and the police seized three bags containing narcotic contraband poppy straw weighing 32 kgs each from a truck, in which, the petitioners were travelling. Learned counsel has submitted that the I.O. (PW-1), in his statement recorded before the trial court, has clearly admitted that during the course of investigation, the police has come to the conclusion that all the three accused persons were in possession of one bag containing narcotic contraband poppy straw weighing 32 kgs each. Learned counsel has submitted that from the above piece of evidence of the I.O., it is clear that the petitioners were in possession of narcotic contraband below commercial quantity.

4. Learned Public Prosecutor has opposed the bail application(s).

5. 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 petitioner(s) under Section 439 Cr.P.C.

6. accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Manjindra Singh S/o Sh. Gurucharan Singh and Salim Mohammed S/o Hayat Mohammed shall be released on bail in connection with FIR No.76/2019 of Police Station Rajgarh, Distt. Churu provided he/she/they execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.