Bail granted based on lack of conscious possession of contraband and previous bail granted to co-accused, emphasizing the trial's expected duration.

Headnote:(A) NDPS Act - Sections 8 and 19 - Bail application filed under Section 483 of BNSS for offences related to contraband - The petitioner was not in conscious possession of the contraband, as stated by co-accused - Co-accused have been granted bail by this Court - The trial is expected to take a considerable time. (Paras 1, 2, 3, 5)

(B) Judicial Custody - The petitioner is in judicial custody and the delay in trial is a factor for consideration in bail applications. (Para 3)

(C) Bail Grant - The court emphasized that the observations made are for the purpose of adjudicating the bail application only and shall not prejudice the trial court. (Para 6)

Facts of the case:
The petitioner was arrested in connection with F.I.R. No.93/2023 for offences under the NDPS Act. The contraband was not recovered from his possession, and co-accused have previously been granted bail.

Findings of Court:
The court allowed the bail application, emphasizing that the petitioner should be released on bail if not wanted in any other case, subject to certain conditions.

Issues: The main issues were whether the petitioner was in conscious possession of the contraband and the implications of co-accused being granted bail.

Ratio Decidendi: The court ruled that the lack of conscious possession of contraband and the fact that co-accused were granted bail justified the bail application, while reiterating that the trial court should not be influenced by the bail court's observations.

Result: Bail application allowed.

Order :

1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.93/2023 registered at Police Station Chhoti Sadri, District Pratapgarh, for offences under Sections 8/19 of the NDPS Act . Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

2. Learned counsel for the petitioner submitted that admitted case of the prosecution is that the contraband was not recovered from the conscious possession of the present petitioner. It was urged that the co-accused Girdhari, in his statements while being in custody, stated that the contraband was to be supplied to the petitioner. Learned counsel submitted that the c-accused persons namely Rahul @ Radhakishan (S. B . Cr. Misc. 2^nd B ail Application No.14115/2023) and Virendra Singh (S. B . Cr. Misc. B ail Application No.13000/2023) have already been enlarged on bail by this Court and coordinate B ench of this Court vide orders dated 09.11.2023 and 19.10.2023.

3. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; contraband was not recovered from his conscious possession and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

4. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that the above named co-accused persons have already been enlarged on bail.

5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Vinod S/o Ghewarram arrested in connection with F.I.R. No.93/2023 registered at Police Station Chhoti Sadri, District Pratapgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

Click Here to Read the rest of this document