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, without expressing any opinion on the merits/demerits of the case.

Headnote:
Bail Application - NDPS Act - The court allowed the bail application under Section 439 Cr.P.C. for the accused-petitioner who was arrested in connection with F.I.R. No.278/2019 registered at Police Station Sadar Bhilwara for offences under Sections 8/15 of the NDPS Act.
Fact of the Case:

The petitioner was arrested in connection with F.I.R. No.278/2019 for offences under Sections 8/15 of the NDPS Act. The contraband poppy husk was recovered from an abandoned vehicle, and the petitioner claimed that he purchased the vehicle from the registered owner.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner considering the circumstances and the fact that a co-accused had already been enlarged on bail.
Issues: The main issue was whether the accused-petitioner should be granted bail in connection with the NDPS Act offences.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused-petitioner under Section 439 Cr.P.C.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.278/2019 registered at Police Station Sadar Bhilwara, for offences under Sections 8/15 of the NDPS Act.

2. Learned counsel for the petitioner submits that contraband poppy husk weighing 61 Kgs. was recovered from an abandoned vehicle (Toyota Corolla) No.RJ-18-CA-2504. The investigating agency, during investigation, arrested registered owner of the vehicle namely Bhanwar Singh. Bhanwar Singh, in his information provided under Section 27 of the Indian Evidence Act, informed that he has sold the vehicle to one Bhagirathmal. The co-accused Bhagirathmal further informed that vehicle was being used by the present petitioner and that he had no knowledge about the contraband recovered from the offending vehicle. Learned counsel further submitted that Bhagirathmal has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 28.11.2022 passed in S.B. Cr. Misc. 2nd Bail Application No.15131/2022. The order dated 28.11.2022 passed by the Coordinate Bench is reproduced herein below for ready reference:

"The instant second bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 278/2019 registered at Police Station Sadar Bhilwara, District Bhilwara for the offence punishable under Sections 8/25 of of Narcotic Drugs and Psychotropic Substances Act, 1985.

The first bail application was dismissed as not pressed on 21.7.2022 with liberty to file a fresh bail application after filing of challan.

Learned counsel for the petitioner submits that the challan has already been filed and at the time of recovery the petitioner was not present. Counsel submits that the petitioner has been arrested on the basis that he purchased the vehicle from Bhanwar Lal through an agreement. The accused petitioner is behind the bars 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.

Learned Public Prosecutor has opposed the second bail application.

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.

Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bhagirathmal S/o Rameshwar Bijarnia shall be released on bail in connection with FIR No. 278/2019 registered at Police Station Sadar Bhilwara, District Bhilwara, 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."

3. Learned counsel for the petitioner further submitted that the case of the present petitioner is not distinguishable from the case of Bhagirathmal who has already been enlarged on bail. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

4. Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

5. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Teja Ram Jat S/o Deeparam Jat arrested in connection with F.I.R. No.278/2019 registered at Police Station Sadar Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a person

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