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 of the case.

Headnote:
Bail - NDPS Act - Rajasthan Excise Act - The court granted bail to the accused petitioner 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 petitioner was arrested in connection with FIR No.296/2022 for offences under the NDPS Act and the Rajasthan Excise 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 after considering the totality of the facts and circumstances.
Issues: The issues involved in the case were the petitioner's alleged false implication, the nature of the recovered contraband, and the opposition by the Public Prosecutor based on the petitioner being a habitual offender.
Ratio Decidendi: The court's decision to grant bail was based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C was allowed, and the accused petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.296/2022 of Police Station Shiv, District Barmer for the offences punishable under Section 8/15 of the NDPS Act and Section 19/54 of the Rajasthan Excise 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 has 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 Veer Singh S/o Hindu Singh shall be released on bail in connection with FIR No. 296/2022 of Police Station Shiv, District Barmer 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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