Bail may be granted in NDPS cases where the accused is implicated solely on the basis of co-accused's disclosure statements, the recovered quantity is below commercial, and co-accused have already been granted bail.

Order

1. The instant bail application has been filed by the petitioner under Section 483 BNSS who has been arrested in connection with the FIR No.37/2026 dated 28.02.2026 registered at the Police Station Tara Nagar, District Churu, for the offences under Sections 8/20 and 29 of the NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, as the contraband in question i.e. 5 kg 800 grams of ganja was recovered from the conscious possession of co-accused Mukesh Kaswan, Hoshiyar Singh, Sachin, Dwarka Prasad, and Pawan Kumar. It is contended that the petitioner has been implicated solely on the basis of the disclosure information of the aforesaid co-accused, who have alleged that the contraband was supplied by the petitioner, and apart from such disclosure, there is no material on record to indicate the petitioner’s involvement in the alleged offence. Counsel further submits that the aforesaid co-accused have already been enlarged on bail vide order dated 09.04.2026 passed by this Court in SBCRLMB No.3207/2026. He also submitted that the recovered contraband is below commercial quantity and that the petitioner has no previous antecedents of similar nature. Thus, it is prayed that the petitioner be enlarged on bail.

3. Per contra, learned Public Prosecutor opposes the bail application, however, is not in a position to refute the fact that the petitioner has been implicated only on the basis of disclosure statements of aforesaid co-accused and apart from that there is no evidence linking the petitioner to the alleged offence. He is also not in a position to refute that the aforesaid co-accused have already been granted bail, the recovered contraband is below commercial quantity, and the petitioner has no prior criminal antecedents of similar nature.

4. Having considered the submissions advanced at Bar by learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record; and looking to the fact that trial may take a long time to conclude and, without expressing any opinion on the merits/demerits of the case, this Court deems it fit to enlarge the petitioner on bail.

5. Consequently, the bail application is allowed. It is ordered that the accused petitioner

Kuldeep Singh S/o Prem Singh,

arrested in connection with FIR No.37/2026 dated 28.02.2026 registered at the Police Station Tara Nagar, District Churu, shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with a stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.