The main legal point established in the judgment is the court's discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.

Headnote:
Bail - NDPS Act - Grant of Bail
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for the offence punishable under Sections 8, 21, 22, 27a & 29 of the NDPS act. The petitioner cited the bail granted to a similarly situated co-accused as a basis for seeking bail.
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.
Issues: The issue was whether the accused petitioner should be granted bail considering the totality of the facts and circumstances of the case.
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.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.VIII(10)16/NCB/JZU/2020, Police Station NCB CPS, Jaipur, for the offence punishable under Sections 8, 21, 22, 27a & 29 of the NDPS act.

2. Counsel for the petitioner submits that similarly situated co-accused Yogesh Kumar has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 04.01.2022 (being S.B. Crl. Misc. Bail application No.12537/2021) and the case of the present petitioner is similar to that of co-accused. The accused-petitioner is in judicial custody 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 vehemently 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Imran S/o Shri Iliyas shall be released on bail in connection with FIR No.VIII(10)16/NCB/JZU/2020, Police Station NCB CPS, Jaipur 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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