The court determined that continuous detention without trial justifies bail in absence of significant evidence of guilt.

Order

17/07/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.154/2024 registered at Police Station Bijoliya, District Bhilwara for offences under Section 8 /29 of the NDPS Act .

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. Learned counsel further submits that as per the prosecution story the alleged narcotic contraband that was recovered from co-accused Shyamlal was being transported for supply to the present petitioner & the co-accused Shyamlal was in continous touch with the present petitioner through a number saved as Lalita Sharma. Learned counsel submits that the mobile number neither belongs to the present petitioner nor he is having any connection with Lalita Sharma. Learned counsel further submits that Lalit Sharma has not been interrogated or made witness in this case. Learned counsel submits that there are no criminal antecedents against the present petitioner and the challan has already been filed in this matter. Learned counsel further submits that the petitioner is in custody since 16.01.2025 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that although there are no previous criminal antecedents of the petitioner, however, he was in continuous touch with the co-accused Shyam lal from whom the narcotic contraband was recovered. Moreover, the learned Public Prosecutor has submitted that the number used by the co-accused Shyam Lal to remain in contact with the petitioner was in the name of Lalita Sharma.

Having considered the rival submissions, facts and circumstances of the case; after pursing the record & considering that the trial of the case will take sufficiently long time, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Sunil S/o Mangilal, arrested in connection with F.I.R.