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

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case, the conclusion of the proceedings likely to take some time, and without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested for offences under Section 8/15 of NDPS act and filed a bail application under Section 439 Cr.P.C. The contraband in question was below commercial quantity and there was one criminal antecedent of NDPS act. A charge-sheet had already been filed against the petitioner.
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 of the case and the likely duration of the proceedings.
Issues: The main issue was whether the accused petitioner should be granted bail under Section 439 Cr.P.C. despite the opposition from the Public Prosecutor.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likely duration of the proceedings.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and it was directed that the petitioner shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.

2. The petitioner has been arrested in FIR No.647/2019 of Police Station Hanumangarh Junction, District Hanumangarh for the offences punishable under Section 8/15 of NDPS act. He has preferred this bail application under Section 439 Cr.P.C.

3. Counsel for the petitioner submits that the contraband in question is below commercial quantity and there is one criminal antecedent of NDPS act. Further charge-sheet has already been filed against the petitioner. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned Public Prosecutor though opposes the bail application but is unable to refute the aforesaid factual matrix.

5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Narayan Ram S/ o Shri Jiya Ram shall be released on bail in connection with FIR No.647/2019 of Police Station Hanumangarh Junction, District Hanumangarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-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.

Click Here to Read the rest of this document