The court may grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case, considering the totality of the facts and circumstances and the long judicial custody of the accused.
Fact of the Case:

The petitioner was arrested in connection with an FIR for offences under the NDPS Act. The petitioner filed a bail application under Section 439 Cr.P.C, claiming false implication and stating that the recovered contraband was below commercial quantity.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C, considering the totality of the facts and circumstances and the long judicial custody of the accused.
Issues: Bail application under Section 439 Cr.P.C, false implication, recovered contraband below commercial quantity, habitual offender claim by the Public Prosecutor.
Ratio Decidendi: Granting bail under Section 439 Cr.P.C based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C is allowed, and the accused petitioner is directed to be released on bail upon execution of a personal bond and sureties.

JUDGMENT

Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.539/2022 of Police Station Nokha, District Bikaner for the offences punishable under Sections 8/21 and 22 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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

3. Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioner is habitual offender.

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 petitioner under Section 439 Cr.P.C.

5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Magha Ram S/o Chetan Ram shall be released on bail in connection with FIR No. 539/2022 of Police Station Nokha, District Bikaner 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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