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2026 Supreme(Online)(Ker) 29114
IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
BABUL MITRA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2661 OF 2026 | CRIME NO.232/2026 | CRMP NO.2 OF 2026
For the Appellants/Petitioners: SMT.RAJITHA V.K
For the Respondents: SRI.M.C. ASHI, SR. PP
Bail may be granted when investigation is complete, recovery is effected, and the accused has no prior criminal record despite the serious nature of the offence.
Headnote:{ "first_paragraph": "The bail application is filed under Section 483 of BNSS seeking regular bail in connection with Crime No.232/2026, wherein the petitioner is accused of possessing 6.285 kg of ganja under Section 20(b)(ii)
(B) of the NDPS Act, 1985. The facts indicate that the petitioner was found in possession of the contraband near a bus stop on Athani-Aluva Road, leading to his arrest and judicial remand. The court observed that the investigation is nearly concluded, recovery has been effected, and the petitioner has no criminal antecedents, thus not warranting continued detention. ", "second_paragraph": "The main issues framed were whether the petitioner should be granted bail given the nature of the offence and if continued detention is justified. The court reasoned that when the investigation is substantially complete and there are no aggravating factors, denial of bail would amount to unnecessary pre-trial punishment, contrary to established principles of liberty and presumption of innocence. ", "last_paragraph": "The bail application is allowed subject to the petitioner executing a solvent bond and complying with conditions imposed which include weekly reporting, non-interference with witnesses, and not leaving the state without permission." }
| Table of Content |
|---|
| 1. regular bail application under bnss for ndps offence with details of offence and charge. (Para 1 , 2) |
| 2. arguments from both parties regarding applicant's innocence and prosecution's objection. (Para 4 , 5) |
| 3. court grants bail on finding investigation complete, recovery made, and no criminal antecedents. (Para 6) |
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 sole accused in Crime No.232/2026 of Nedumbassery Airport Police Station, Ernakulam District. The offence alleged is punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case, in short, is that, on
16.03.2026 at 06:10 a.m., the applicant was found to be in possession of 6.285 kg of ganja nearby the bus stop at Athani-Aluva Road within Nedumbassery Village and thereby committed the offence.
4. I have heard Smt. Rajitha V.K., the learned counsel for the applicant and Sri. M.C.Ashi, 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 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 remanded to judicial custody on 16.03.2026. The investigation is almost over. The recovery has been effected. The applicant has no criminal antecedents. 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) One of the sureties shall be from the State of Kerala.
(iii) The applicant shall fully co-operate with the investigation.
(iv) 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.
(v) The applicant shall not commit any offence of a like nature while on bail.
(vi) 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.
(vii) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(viii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
