Ms. Himani Arora v. State (NCT of Delhi) & Anr.

Ms. Himani Arora, Deputy Advocate General, Haryana. *** MANISHA BATRA, J (ORAL):- The instant one is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 533 dated

25.06.2024 registered under Sections 18-B of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’) at Police Station Hisar Sadar, District Hisar. His previous petition bearing CRM-M- No. 14361-2025 had been dismissed as withdrawn vide order dated 20.11.2025.

As per the allegations, on 25.06.2024, on the basis of a secret information, the petitioner and co-accused Yogesh were apprehended and 2 kgs and 600 gram of opium was recovered from their conscious possession. The same was taken into possession by the police. The petitioner and co- accused were formally arrested. Investigation now stands completed.

It is argued by learned counsel for the petitioner that ever since CRM-M-12680-2026 -2- dismissal of the previous petition as filed by him, trial has not progressed further as only 05 out of 23 prosecution witnesses have been examined so far. He has been falsely implicated in this case. He is in custody for a period of about 01year and 10 months. Each day spent by him in custody has given rise to a fresh cause of action for seeking bail. His antecedents are clean. His prolonged incarceration is militating against the provisions of Article 21 of the Constitution of India. With these broad submissions, it is urged that the petition deserves to be allowed.

Notice of motion. Learned State counsel has advance notice of the petition and is ready to argue the matter. She has placed on record custody certificate of the petitioner and has submitted that the instant petition, being a successive petition, is not maintainable. It is further argued that keeping in view the gravity of the allegations as levelled against the petitioner, he does not deserve to be released on bail. Therefore, it is stressed that the petition does not deserve to be allowed.

This Court has heard the rival submissions made by learned counsel for the parties at considerable length.

The petitioner is in custody for over a period for 01 year, 09 months and 27 days. This factor, in the opinion of this Court, is a ground to move for bail afresh. The Hon’ble Apex Court has observed in a catena of cases that an accused cannot be kept in custody for an indefinite period of time, and the bail application can be considered on its own merits even if it is CRM-M-12680-2026 -3- filed repeatedly. It has also been held that every day spent in custody can provide a new cause of action for filing a bail application under certain circumstances. This principle is a part of the broader approach emphasizing that law prefers bail over jail, aiming to balance the rights of the accused with the requirements of the criminal justice system. Prolonged detention itself is a ground for reconsideration of bail since the settled principle of law is that detention prior to trial should not become punitive.

Reliance can also be placed upon Santosh Pawar Vs. State of Chhattishgarh & Anr., Criminal Appeal No.4883/2025, which is a recently pronounced verdict of Hon’ble Supreme Court observing that rigours of Section 37 of NDPS Act will not be a bar for considering the case of an accused for bail as it comes with a condition that the prosecution would press for an early completion of trial. In the above-mentioned case the Hon’ble Supreme Court of India held that appellant who was being prosecuted for being in possession of commercial quantity of narcotic substance, was entitled for bail in view of her incarceration for a period of 19 months.

Similarly in another case i.e. in the case of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 prolonged incarceration and inordinate delay engaged the attention of the Hon’ble Supreme Court of India, which considered the correct approach towards bail, with respect to several enactments, including Section 37 NDPS Act. The court expressed the opinion that Section 436A (which requires inter alia the accused to be enlarged on bail if the trial is not concluded within specified periods) of the Criminal Procedure Code, 1973 would apply.

In the case of Ismail Khan @ Pathan vs. State of Rajasthan Criminal Appeal No.4911 of 2025 with regard to recovery of commercial CRM-M-12680-2026 -5- quantity of narcotic substance, the Hon’ble Supreme Court of India accorded the benefit of bail to the accused in view of prolonged incarceration for a period of 02 years and 08 months of the accused.

The similar benefit has been extended in another appeal i.e. SLP No.15699-2025 titled as Ebrahim @ Ibrahim SK vs. The State of West Bengal and in the case of Pamesh Arora vs. UT Chandigarh Criminal Appeal No.4872 of 2025.

So far as the question of maintainability of the petition is concerned, it may be mentioned that an accused has a right to make successive applications for grant of bail, and it is the duty of the Court, while entertaining such a subsequent bail application, to consider the reasons and grounds on which the earlier bail petition was rejected. The fresh grounds which persuade the Court to take a view different from the one taken in the earlier application are also required to be recorded. Reference in this regard can be made to Prasad Shrikant Purohit v. State of Maharashtra (2018) 11 SCC 458, wherein it was so observed. The first petition of the petitioner was dismissed as withdrawn on 20.11.2025. Trial has not progressed much thereafter. On analyzing the peculiar facts and circumstances of the present case in the light of the aforementioned principles of law, it transpires that the petitioner has suffered prolonged incarceration for a period of about 01 year, 09 months and 27 days, the trial is not likely to be concluded in near future as only 05 out of 23 prosecution witnesses have been examined; the continued detention of the petitioner is not likely to serve any fruitful purpose; there is nothing on record CRM-M-12680-2026 -6- to show that if released on bail, the petitioner will not participate in the trial or will abscond. As such, the prolonged detention of the petitioner amounts to drastic change in circumstances extending fresh ground to petitioner to seek bail.

It is clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner.

Since the main petition has already been decided, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 21st April, 2026 Parveen Sharma

Whether speaking/ reasoned 2. Whether reportable : : Yes / No Yes / No