The court's discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case.

Headnote:
N.D.P.S. Act - Bail Application - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the possession of opium plants and the applicable punishment under Section 18 (C) of the N.D.P.S. act.
Fact of the Case:

The petitioner was arrested for the possession of opium plants and was seeking bail under Section 439 Cr.P.C.
Finding of the Court:

The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Considering the facts and circumstances of the case, the court granted bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be enlarged on bail upon furnishing a personal bond and sureties.

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 F.I.R. No.42/2022, Police Station Khinvsar, District Nagaur, for the offences punishable under Sections 8/16, 8/18 of N.D.P.S. act.

2. Learned counsel for the petitioner submits that about 1120 opium plants have been recovered from the possession of the petitioner. Counsel further submits that the case of present petitioner falls under Section 18 (C) of N.D.P.S. act, where the punishment can be awarded to the accused up to 10 years and therefore, Section 37 of the N.D.P.S. act is not applicable. No other criminal case has been registered against the petitioner. The petitioner in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Chenaram S/o Dalaram Ji shall be enlarged on bail in F.I.R. No.42/2022, Police Station Khinvsar, District Nagaur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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