Bail may be granted under Section 439 Cr.P.C. when the contraband involved is below commercial quantity and the trial is anticipated to be prolonged.

Headnote:
[BAIL] - [N.D.P.S. Act] - [The court granted bail to the petitioner under Section 439 Cr.P.C. due to the contraband being below commercial quantity and the prolonged duration of the trial, emphasizing the importance of judicial discretion in bail matters.]
Fact of the Case:

The petitioner was arrested for an offence under Section 8/18 of the N.D.P.S. Act, and sought bail while in judicial custody.
Finding of the Court:

The court found that the contraband was below commercial quantity and that the trial would take a significant amount of time, leading to the decision to grant bail.
Issues: Whether the petitioner is entitled to bail considering the nature of the offence and the circumstances of the case.
Ratio Decidendi: The court applied the principle that bail can be granted when the quantity of contraband is below commercial levels and when the trial is expected to be lengthy, allowing for judicial discretion in such matters.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with F.I.R. No.184/2021, Police Station Rani District Pali for the offence punishable under Section 8/18 N.D.P.S. Act. The petitioner has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that the recovered contraband is below commercial quantity. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. 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.

4. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rakesh S/o Hanuman Singh, shall be released on bail in connection with F.I.R. No.184/2021, Police Station Rani District Pali 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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