Bail may be granted when the petitioner is not in possession of contraband and co-accused have been released, considering judicial custody and absence of criminal antecedents.

Order :

1. This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.250/2023 registered at Police Station Panchu, District Bikaner, for offences under Sections 8/15 and 29 of the NDPS Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that as per the prosecution, contraband (poppy husk/straw) weighing 60 Kgs. was recovered from the conscious possession of the co-accused Khinya Ram and Kishore Ram. Learned counsel submitted that the co- accused persons, in the information supplied by them under Section 27 of the Indian Evidence Act, stated that they have procured the recovered contraband from the present petitioner. Learned counsel submitted that admittedly, the contraband was not recovered from the conscious possession of the present petitioner. Learned counsel submitted that the co-accused Khinya Ram (S.B. Cr. Misc. Bail Application No.7771/2024) and Kishore Ram (S.B. Cr. Misc. Bail Application No.6421/2024), from whose conscious possession the contraband has been recovered, have already been enlarged on bail by a coordinate Bench of this Court, vide orders dated 17.10.2024.

4. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused- petitioner.

5. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused persons, from whose conscious possession the contraband has been recovered, have already been enlarged on bail. He was also not in a position to refute the fact that the petitioner does not have any criminal antecedents.

6. 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.

7. Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Chuna Ram S/o Sh. Aadu Ram arrested in connection with F.I.R. No.250/2023 registered at Police Station Panchu, District Bikaner, 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.

8. 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.