The court held that the principle of parity, coupled with the prolonged period of incarceration and the slow progress of the trial, justifies the grant of bail to a petitioner when a co-accused in the same recovery case has already been released.

Order

1. The instant bail application has been filed under Section 483 of BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.138/2024 registered at Police Station Deoli Manjhi, District Kota Rural for the offence under Section 8/15 of NDPS Act.

2. Learned counsel for the petitioner submits that the alleged contraband i.e. Doda Chura weighing 84 Kg is said to have been recovered from the joint possession of the accused-petitioner and the co-accused, namely, Kamlesh. She further submits that the co-accused-Kamlesh has already been enlarged on bail by the Co- ordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.5686/2025 on 06.03.2026. She further submits that the accused-petitioner is in custody since 27.08.2024 and till date only 4 prosecution witnesses out of total 14 witnesses have been examined and the trial of the case will take considerable time. She also submits that there is no other criminal case pending against the accused-petitioner.

3. Learned counsel has also relied upon the order passed by the Hon’ble Apex Court in case of Jagdish Kumar Lichhamanaram Kaswan Vs. State of Gujarat & Anr. (Special Leave to Appeal (Crl) No.6722/2025 decided on 30.07.2025 as regards parity for grant of bail.

4. Learned Public Prosecutor vehemently opposed the bail application and submits that the contraband which has been recovered from possession of the accused-petitioner and the co- accused is about above the commercial quantity and the rigours of Section 37 of the NDPS Act are attracted in the instant matter.

5. Considered the submissions made by counsel for the petitioner as well as learned Public Prosecutor and also perused the challan papers.

6. As per the facts on record, the alleged contraband weighing 84 Kg is said to have been recovered from joint possession of the accused-petitioner and the co-accused-Kamlesh who was travelling in the car (Swift Dezire).

7. The Co-ordinate Bench of this Court vide order dated 06.03.2026 ordered to enlarge the co-accused Kamlesh on bail observing as under:-

“Having heard the arguments advanced by learned counsel for the parties, considering that the applicant is sole bread earner of the family, aged about 35 years; that the applicant is in custody for a period of approximately two years; that there are no criminal antecedents pending against the applicant and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.”

8. The accused-petitioner is in custody since 27.08.2024. The Hon’ble Apex Court in case of Jagdish Kumar Lichhamanaram Kaswan (supra) observed as under:-

"However, taking into consideration that the co- accused have already been granted bail by the High Court in the very same offence, we are inclined to allow the petition. The petitioner is directed to be released on bail in connection with complaint bearing No.NCB/AZU/CR- 07/2022 dated 01.10.2022 registered with NCB Police Station, District Ahmedabad, to the satisfaction of the Trial Court."

9. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the co-accused has already been enlarged on bail and the accused-petitioner is confined for last about 19 months; and only 4 prosecution witnesses out of total 14 witnesses has been examined so far, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

10. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing an