Where an accused defaults on bail conditions due to a justifiable reason and is no longer required for investigation, the court may exercise its discretion to grant bail, particularly when the trial is expected to be prolonged and the accused has been in custody for a significant duration.

ORDER :

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Rohitash S/o Banwari Lal, seeking bail in respect of a criminal case registered as FIR No.253/2020 dated 10.07.2020 registered at P.S. Deoli District - Tonk, for the offence under Sections 8/20 of NDPS Act.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.

3. Learned counsel for the petitioner submits that the petitioner accused was released on bail pursuant to order dated 28.02.2022, but due to certain unforeseen reasons, the petitioner could not attend the date fixed for attendance of accused on 02.11.2023 as the date was not communicated by the counsel appointed by the petitioner. He further submits that afterwards the petitioner was arrested and taken in custody. He also submits that a supplementary charge sheet was filed on 27.10.2025, whereas case of main accused was disposed on 01.11.2025 after full trial. At last, learned counsel for the petitioner submits that the petitioner has no role in delaying the trial of Harishankar, as the charge sheet has been filed on different occasion.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. The material indicate that vide order dated 28.02.2022 in S.B. Criminal Miscellaneous Bail Application No.2512/2022, the petitioner was granted bail by a Co-ordinate Bench of this Court. The order of the trial Court indicate that a supplementary charge sheet was filed on 27.10.2025 under Sections 8/25 and 8/27A of the NDPS Act. The petitioner remained absent on 02.11.2023, and the trial Court has directed for forfeiture of bail and bonds as submitted by him pursuant to order passed by this Court. Now the petitioner has requested for another chance for appearance and the ground as mentioned by the petitioner appears to be justified.

7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused.

8. Thus, the instant bail application filed on behalf of applicant-accused Rohitash S/o Banwari Lal, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

(iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

(iv) In case of any violation of above conditions, the bail granted to the applicant-accused s