The court determines bail eligibility based on available evidence, asserting entitlement where no direct connection to alleged crimes exists.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.2 in Crime No.

921/2025 of Mannanchery Police Station, Alappuzha District. The offences alleged are punishable under Sections 21 (b) and

22(b) r/w Section 29 of the NDPS Act.

3. The prosecution case, in short, is that the accused No.1 was found in possession of 0.042 grams of LSD Stamps, 20.489 grams of Cocaine, and 30 Quetiapine Tablets IP, kept for the purpose of sale and personal use, and the accused Nos.2 and 3 aided and abetted the possession for sale and thereby committed the offences.

4. I have heard Sri.V.John Sebastian Ralph , the learned counsel for the applicant and Sri.U.Jayakrishnan, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

04.12.2025. No contraband was seized from the possession of the applicant. The contraband was seized from the possession of the accused No.1. The accused No.1, along with accused Nos.2 and 3, were together present in the room. Even as per the prosecution allegation, the applicant only assisted the accused No.1 to procure the contraband. The applicant is involved in another crime of similar nature. Annexure 5 is the final report of the said crime. The offences alleged therein are under Section

22(c) and 29 of NDPS Act. The applicant is the accused No.3 in that crime. It is submitted that he is already on bail. The allegation against the applicant, in the said crime, is that the contraband was seized from the possession of the accused Nos.1 and 2. The allegation against the applicant in that crime is that, he placed order for contraband through online. I went through the entire final report. Apart from the said allegation, there is no substantial material to show that the applicant has ordered contraband. In these circumstances, I am of the view that the involvement of the applicant in Annexure 5 crime cannot be a bar for granting bail in this case, if he is otherwise entitled. As stated already, in this case also, no contraband is seen seized from the possession of the applicant. The investigation is practically over. The recovery has also been effected. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (vi) Th