The court can grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.

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.101/2020, registered at Police Station Rashmi, District Chittorgarh, for offence under Section 8/15 of NDPS Act.

2. Learned counsel for the petitioner submits that the similarly situated co-accused namely Rameshwar Aheer @ Ramesh has already been enlarged on second bail by a Co-ordinate Bench of this Court vide order dated 18.01.2022 in Criminal Misc. II Bail Application No.13605/2021, and the case of present petitioner is not distinguishable to that of the co-accused. 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. For ready reference, the order dated 18.01.2022 is reproduced hereinbelow:-

"Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.101/2020 of Police Station Rasmi, District Bhilwara for the offences punishable under Section 8/15 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that as per the prosecution story, the police has seized huge quantity of poppy straw from a Scorpio car. It is alleged that when the police tried to stop the said vehicle, the driver and another person sitting therein fled away from the scene of crime, however, when their Scorpio car struck in the mud, then both of them ran away while leaving the said vehicle. It is also submitted that in the complaint, no person was named by the police, however, during the course of investigation, the police apprehended one Gajraj Singh, who while in police custody, has informed the police that the vehicle in question was driven by the petitioner and the another person, who was sitting in the vehicle was Ratan Lal. It is also submitted that only on the basis of the said information supplied by co-accused Gajraj Singh while in police custody, the police has filed charge-sheet against the petitioner. It is further submitted that there is no evidence available on record to connect the petitioner with the commission of crime.

Learned counsel for the petitioner has further invited my attention towards statement of the Investigating Officer (PW-1),who in his cross examination, has specifically admitted that no independent witness has verified that the vehicle in question was in possession of the petitioner at the time of incident. It is also submitted that the prosecution has failed to collect any material such as mobile call details or other evidence to connect the petitioner with co-accused Gajraj Singh. It is, therefore, submitted that it is a no evidence case and the petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the 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, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner- Rameshwar Aheer @ Ramesh S/o Pyara Aheer shall be released on bail in connection with FIR No.101/2020 of Police Station Rasmi, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/-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 Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, so also the fact that the role of t