Case Note & Summary
The applicant, Rahul @Babalu S/o. Shashipal Sharma, filed a successive regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking enlargement on bail in connection with FIR No. 11993007240374 of 2024 registered with B-Division, Gandhidham Police Station, Kachchh East-Gandhidham for offences punishable under Sections 8(c), 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant was arrested on 08.04.2024 and had been in custody since then. His earlier bail application (Criminal Misc. Application No. 15449 of 2024) was dismissed by this Court on 14.08.2024. The applicant's counsel submitted that after dismissal of the earlier application, the case had been transferred from one court to another before the learned Trial Court, and therefore the trial had not commenced. It was further submitted that a similarly situated co-accused had been granted bail by this Court. The learned APP opposed the application, contending that the applicant was involved in trafficking of contraband. The Court heard both sides and considered the fact that the trial had not commenced due to transfer of the case, and that a co-accused similarly situated had been granted bail. The Court found that the applicant had been in custody for a considerable period and the trial had not progressed. Accordingly, the Court allowed the application and ordered the applicant to be released on bail subject to conditions, including executing a personal bond of Rs. 10,000 with one surety, not leaving the local limits without permission, not tampering with evidence, and marking presence before the police station once per month.
Headnote
A) Criminal Procedure - Bail - Successive Bail Application - Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicant sought regular bail after dismissal of earlier application; trial had not commenced due to transfer of case between courts; co-accused similarly situated had been granted bail - Court allowed bail considering prolonged custody and parity - Held that delay in trial and grant of bail to co-accused are relevant factors (Paras 1-5).
Issue of Consideration
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985, where the trial has not commenced and a similarly situated co-accused has been granted bail.
Final Decision
Application allowed. Applicant to be released on bail on executing a personal bond of Rs. 10,000 with one surety of like amount; conditions: not leave local limits without permission, not tamper with evidence, mark presence before police station once per month.
Law Points
- Bail under Section 483 BNSS
- NDPS Act bail considerations
- parity with co-accused
- trial delay as ground for bail
