Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2407

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Rampal – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3047 of 2022
Decided On : 16-03-2022

Advocates appeared:
Surendra Singh Choudhary, Advocate, Anees Bhurat, Advocate

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.

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, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested in connection with FIR No.19/2022 of Police Station Bhawanda, District Nagaur for the offences punishable under Sections 8/16 & 8/18 of NDPS act. The petitioner had about 300 opium plants in his possession.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was the grant of bail to the accused petitioner under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed and it was directed that the petitioner shall be released on bail provided he executes a personal bond and sureties to the satisfaction of the learned trial court.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.19/2022 of Police Station Bhawanda, District Nagaur for the offences punishable under Sections 8/16 & 8/18 of NDPS act. He has preferred this bail application under Section 439 Cr.P.C. Counsel for the petitioner submits that about 300 opium plants have been recovered from the possession of the petitioner. Counsel further submits that the case of the present petitioner falls under Section 18(C) of the NDPS act where the punishment can be awarded to the accused up to 10 years and therefore, Section 37 of the NDPS act is not applicable. 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.

2. Learned Public Prosecutor vehemently opposed the bail application.

3. 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.

4. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rampal S/o Late Shri Sawai Ram shall be released on bail in connection with FIR No.19/2022 of Police Station Bhawanda, District Nagaur 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.

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