The court may grant bail under Section 439 Cr.P.C. based on the circumstances and the nature of the alleged offences, without expressing any opinion on the merits/demerits of the case.

Headnote:
Bail - NDPS Act - The court granted bail to the accused under Section 439 Cr.P.C. based on the argument that similarly situated co-accused had already been enlarged by the court and that the recovered contraband was below commercial quantity.
Fact of the Case:

The petitioner filed an application for bail under Section 439 Cr.P.C. after being arrested in connection with an F.I.R. for offences under Sections 8/21, 25 & 29 of NDPS Act.
Finding of the Court:

The court, without expressing any opinion on merits/demerits of the case, granted bail to the petitioner based on the circumstances and the argument that the recovered contraband was below commercial quantity.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the argument that similarly situated co-accused had already been enlarged by the court and that the recovered contraband was below commercial quantity in granting bail to the petitioner.
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.539/2022, registered at Police Station Nohar, District Hanumangarh, for offences under Sections 8/21, 25 & 29 of NDPS Act.

2. Learned counsel for the petitioner submits that similarly situated co-accused Arun Sharma, Sarvar & Rafiz have already been enlarged by the Co-ordinate Benches of this Court vide orders dated 15.11.2022 (CRLMB No.14571/2022), 21.11.2022 (CRLMB No.14762/2022) & 09.01.2023 (CRLMB No.298/2023) respectively, and the case of present petitioner is not distinguishable to those of the co-accused. Learned counsel further submits that the recovered contraband is below commercial quantity. 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.

3. 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.

4. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Kaalu S/o Sh. Sattu Ram arrested in connection with F.I.R. No.539/2022, registered at Police Station Nohar, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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