Bail may be granted in NDPS cases where the applicant's involvement is based solely on a co-accused's confessional statement without any recovery of contraband from the applicant, especially if the co-accused has already been granted bail.

1. Heard Sri Choudhary Dilnisar, learned counsel for the applicant and Sri B.P. Maurya, learned AGA for the State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 608 of 2025, under Section 8 /21/29 NDPS Act , registered at Police Station Nakur, District Saharanpur during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 15.4.2026. It is further submitted that co-accused Shoban from whose possession 270gram of smack is said to have been recovered, has already been granted bail by a co-ordinate Bench of this Court vide order dated 25.2.2026 passed in Criminal Misc. Bail Application No. 4813 of 2026. It is further submitted that nothing has been recovered from the possession of the applicant and his name has surfaced in the confessional statement of co-accused Shoban during investigation. It is further submitted that applicant is having no criminal history of NDPS. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and it is submitted that the applicant is having criminal history of one case relating to the some minor offence.

5. The name of the applicant has surfaced in the confessional statement of co-accused Shoban and from whose possession 270 gram of smack is said to have been recovered and the said co-accused has already been granted bail by a co-ordinate Bench of this Court and nothing is said to have been recovered from the possession of the applicant. The applicant is having criminal history of one case relating to some minor offence.

6. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of the NDPS Act and in view of the law laid down by Hon’ble Apex Court in Toofan Singh vs. State of Tamil Nadu, 2021 (4) SCC 1 and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED

7. Let the applicant- Amir involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally