The court emphasizes the importance of considering the gravity of the alleged crime and the associated circumstances when deciding bail applications under the BNSS.

ORDER

This fourth 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.5 in Crime No.1105/2020 of Ettumanoor Police Station, Kottayam District. The offences alleged are punishable under Sections 20 (b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ‘the NDPS Act’).

3. The prosecution case, in short, is that in pursuance of a conspiracy among all the accused, three accused were found possessing 3.5 kg of ganja in an unoccupied house bearing No.134/II of Athirampuzha Grama Panchayat in Kottayam District. Thus, the applicant has committed the above offences.

4. I have heard Sri.Francis Assisi, the learned counsel for the applicant and Sri.K.A. Noushad, the learned Senior 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 12.09.2025 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. There is no change in circumstances. It is submitted that the trial has already been scheduled for the month of April. 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.

The bail application, accordingly, is dismissed.