Bail cannot be granted in serious offenses when evidence suggests premeditated criminal involvement.

ORDER

This is the second application 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 S.C. No.19/2025 on the files of the Additional District and Sessions Court, Kalpetta in Crime No.299/2024 of Thirunelli Police Station, Wayanad District. The offence alleged is punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, ‘the NDPS Act).

3. I have heard Sri.M.S.Shaju, the learned counsel for the applicant and Smt.Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.

4. The prosecution case, in short, is that on

11.07.2024, the officers of Thirunelli police while on patrol duty, found the accused No.1 in possession of 265.55 grams of methamphetamine in a car in contravention of the NDPS Act and Rules. It is further alleged that the accused No.1 transferred Rs.9,000/- via Google Pay to the accused No.3 and subsequently, the accused No.3 contacted the applicant to arrange the contraband for his requirement and thereafter, the applicant packed the contraband in three plastic packets, placed them inside an elephant shaped toy and handed over the toy to the accused No.1.

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 Senior 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 formally arrested on 28.4.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. He was granted bail by this Court for ten days to perform his own marriage on 16.06.2025. However, he absconded and he was arrested after five months on 27.11.2025. Since then he is in custody. That apart, he is involved in four other crimes of similar nature. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. There is no change of circumstances after the dismissal of the earlier application. The bail application is hence dismissed.

Sd/-