The court emphasized that prolonged custody without trial progress and lack of flight risk justifies granting bail, subject to specific conditions.

ORDER :

1. Rule. Learned APP waives service of Rule on behalf of the Respondent-State.

2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11195018230519 of 2023 registered with Dhanera Police Station. Banaskantha.

3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.

4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the present applicant was the owner of the vehicle from which the stock of contraband substance had been seized. The contraband substance involved in the offence was the poppy straw worth 225 kilograms. The location of the present applicant was also found in Madhya Pradesh at the relevant time. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. Heard learned advocates for the respective parties and perused the record. From the record it appears that the investigation is over and charge-sheet has been filed. The present applicant has been arrested in connection with the present offence on 6.7.2023 and since then the applicant is in custody. It is required to be noted that earlier the applicant had filed Criminal Misc. Application No.21710 of 2023 which was allowed to be withdrawn by this court vide order dated 7.12.2023. While permitting the applicant to withdraw the said application, liberty was granted to the applicant to file an application afresh after a period of eight months if the trial did not conclude in the meantime. Thereafter the applicant had preferred another application being Criminal Misc. Application No.22840 of 2024 which was also allowed to be withdrawn by this court vide order dated 26.11.2024. Thereafter the present applicant has preferred the application being the successive bail application.

6.1 This court vide order dated 3.3.2025 had directed learned Trial Court to submit its report as regards the current status of trial. Accordingly, learned trial court has submitted its report as regards the current status of trial which indicates that as of now only 6 witnesses have been examined out of 26 witnesses and 20 witnesses are yet to be examined. The trial of the offence is not likely to commence and conclude in near future.

6.2 The role attributed to the present applicant in commission of the offence is to the effect that the applicant had called for the stock of contraband substance of poppy straw which had been seized. Considering the same, the application deserves consideration.

7. This court has considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 26.8.2023.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present