Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 989

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Imran & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 337, 338 of 2023
Decided On : 13-01-2023

Advocates Appeared:
Vinod Kumar Sihag, Advocate, Mukhtiyaar Khan, Advocate

The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioners under Section 439 Cr.P.C after 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 petitioners were arrested in connection with FIR No.589/2022 of Police Station Nohar, Hanumangarh for the offences punishable under Sections 8/21 and 29 of the NDPS Act. The petitioners claimed they were falsely implicated and that the recovered contraband was below commercial quantity. They sought bail as they had been in judicial custody for a long time and the trial was expected to take a long time.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
Issues: Bail application under Section 439 Cr.P.C
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 petitioners.
Final Decision: The bail applications filed under Sec.439 Cr.P.C were allowed, and it was directed that the accused petitioners shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Madan Gopal Vyas, J. - The petitioners have been arrested in connection with FIR No.589/2022 of Police Station Nohar, Hanumangarh for the offences punishable under Sections 8/21 and 29 of the NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. It is further submitted that recovered contraband is below commercial quantity. The accused-petitioners are in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.

3. Learned Public Prosecutor has vehemently opposed the bail applications.

4. 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 petitioners under Section 439 Cr.P.C.

5. Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners, (1) Rahul S/o Bhagta Ram Saini, and (2) Imran S/o Hasan Khan shall be released on bail in connection with FIR No.589/2022 of Police Station Nohar, Hanumangarh provided each of them 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 their 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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