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:
NDPS Act - Bail Application - 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 an offence under Section 8/15 of NDPS Act and filed a bail application under Section 439 Cr.P.C, claiming false implication and stating that the contraband recovered was below commercial quantity. The Public Prosecutor opposed the bail application, citing the petitioner as a habitual offender.
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 the petitioner's alleged false implication, the quantity of contraband recovered, 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 to the satisfaction of the trial court.

JUDGMENT

Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.625/2022 of Police Station Sangariya, District Hanumangarh for the offence punishable under Section 8/15 of 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 contraband recovered is below commercial quantity. The accused-petitioner is in judicial custody since long and the trial of the case will take long time to be concluded. 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 Janak Raj S/o Harish Chandra shall be released on bail in connection with FIR No.625/2022 of Police Station Sangariya, District Hanumangarh 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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