Regular bail may be granted in NDPS cases where the alleged financial transactions between the accused and co-accused occurred significantly prior to the recovery of the contraband, indicating a lack of immediate nexus.

ORDER

This is second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the applicant for grant of regular bail relating to Crime No.582/2025 registered at Police Station Kareli, District Narsinghpur (M.P.) for the offence punishable under Sections 8 /20 R/w Section 29 of the NDPS Act . The applicant is in judicial custody since 29.11.2025.

2. Applicant's first bail application was dismissed as withdrawn vide order dated 12.12.2025 passed in M.Cr.C.No.56909/2025.

3. As per prosecution case, applicant along with co-accused person were found in joint possession of 21.65 Kg of contraband (Ganja).

4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. Applicant has been implicated only on the basis of certain transaction between the applicant and co-accused persons. Learned counsel fairly admits that there is one criminal case of the year 2002 of NDPS Act . There is no material to show nexuses between transaction with the alleged contraband recovered from the co-accused persons. As the last transaction took place in August, 2024 wherein the contraband was recovered on 27.06.2025. After investigation, charge sheet has been filed. Thus, it is prayed that the present applicant may be released on bail.

5. On the other hand, learned counsel for the respondent/State opposes the bail application. However, he admits that there was money transaction between the applicant and the co-accused person, which took place in the month of June 2024 to August 2024 and lastly in the month of August, 2024, but the contraband was recovered on 27.06.2025.

6. Considering the overall facts and circumstances of the case and the role of the present applicant, I am inclined to enlarge the applicant on bail. Thus, without commenting anything on the merits of the case, this application is allowed subject to some stringent condition.

7. It is directed that the present applicants namely Vishram Singh Prajapati shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. It is further directed that the applicant shall comply with the provisions of Section 480 (3) of BNSS.

8. It is made clear that in case of any subsequent registration of alike offence against the present applicants, it shall be considered as violation of the conditions of this bail order and in that event, the applicants would become dis-entitled to remain on bail under this order and trial Court shall be free to treat this order as cancelled and proceed against applicants further in accordance with law.

9. Accordingly, this M.Cr.C. stands allowed and disposed of.