This petition for bail is the first petition, filed by & Anr. v. Central Bureau of Investigation’ (2022) 10 SCC 51 & Anr.

This petition for bail is the first petition, filed by the petitioner under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. This petition has been filed with regard to a case arising out of FIR No.0272 dated

13.11.2025 for the commission of offence punishable under Sections 22 (C) and 20(B)(II)A of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station DLF Phase-1, District Gurugram.

#2. The abovementioned FIR came into being at the instance of ‘ASI Ajit Singh’, who reported that on 13.11.2025, when he was leading a team of police officials, deputed for patrolling duty, near Dronacharya Metro Station Gurugram, on the basis of a tip-off given by a reliable source, one person, namely ‘Sunil Kumar’, was apprehended and from his possession, 12.75 gms CRM-M-22488-2026 of metaphetamine and 298 gms of ganja were recovered.

#3. It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were performed, and further investigation taken up

#5. Notice of motion. Since advance notice has already been served upon the State, Ms. Deepali Verma, Asstt. A.G. Haryana, accepts notice on behalf of respondent- State. Hence, service of notice upon the State is hereby dispensed with. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. No formal reply has been filed by the State. However the learned State counsel has orally opposed the present petition.

#7. Heard. It has been contended by learned counsel for the petitioner that the petitioner has already suffered incarceration for a period of more than seven months and twenty five days, and that the quantity of recovered contraband, namely metaphetamine, recovered from the possession of petitioner is non- commercial quantity, whereas the contraband namely Ganja is a small quantity. It has also been contended by learned counsel for the petitioner that nothing has been left to be recovered from the possession of petitioner, and that the investigation is already complete and trial is not likely to be concluded in near future.

#8. The learned State counsel has controverted the above-mentioned arguments. According to learned State counsel the petitioner does not have clean antecedents, as he has been prosecuted for the similar nature of offence CRM-M-22488-2026 under NDPS Act in the past also. It has also been contended by learned counsel for the petitioner that there is no delay in trial, and therefore, the petitioner is not entitled to the benefit of bail.

#10. The record has been perused carefully. A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a decision: - i) that the petitioner is already in custody for a period of more than seven months and twenty five days; ii) that the quantity of recovered contraband is non-commercial quantity, and therefore, rigors of Section 37 of NDPS Act are not attracted in the present case; iii) that nothing has been left to be recovered from the possession of petitioner; iv) that the trial is not likely to be concluded in near future, as out of eighteen prosecution witnesses not even a single witness has been examined so far; v) that detention of petitioner in judicial lock-up is not likely to serve any useful purpose; vi) that there is nothing on record to show that if released on bail, the petitioner may tamper with the evidence or influence the witnesses; vii) that there is nothing on record to show that if released on bail, the petitioner will not co-operate/participate in the trial.

#11. In the present case, the principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Dataram versus State of Uttar Pradesh and another’, (2018) 3 SCC 22, are relevant, wherein it has been observed that “a fundamental postulate of criminal jurisprudence is the presumption of CRM-M-22488-2026 innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case”.

#12. The principles laid down by the Hon’ble the Supreme Court of India in the case of ‘Satender Kumar Antil Vs. Central Bureau of Investigation and Another’ (2022) 10 SCC 51, are also relevant in this case. In the abovementioned case, it has been observed that “the rate of conviction in criminal cases in India is abysmally low. It appears to us that this factor weighs on the mind of the Court while deciding the bail applications in a negative sense. Courts tend to think that the possibility of a conviction being nearer to rarity, bail applications will have to be decided strictly, contrary to legal CRM-M-22488-2026 principles. We cannot mix up consideration of a bail application, which is not punitive in nature with that of a possible adjudication by way of trial. On the contrary, an ultimate acquittal with continued custody would be a case of grave injustice”.

#13. Recently, in the case of ‘Tapas Kumar Palit Vs. State of Chhattisgarh’, 2025 SCC Online SC 322, the Hon’ble Supreme Court of India has observed that “if an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article 21 of the Constitution has been infringed”. It has also been observed by the Hon’ble Supreme Court of India in the abovementioned case that “delays are bad for the accused and extremely bad for the victims, for Indian society and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently”.

#14. To elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to the accused as mandated by Hon’ble Apex court in “Balwinder Singh versus State of Punjab and Another”, 2024 SCC Online SC 4354.

#15. If the cumulative effect of all the abovementioned factors, involved in the instant case, is taken into consideration, it leads to a conclusion that the petitioner is entitled to the benefit of bail, and that the present petition deserves to be allowed. CRM-M-22488-2026

#16. Accordingly, without commenting anything on the merits of the case, the present petition is hereby allowed. The petitioner is hereby ordered to be released on bail on furnishing personal bond and surety bond(s) to the satisfaction of learned trial Court. However the abovesaid concession shall be subject to following conditions:- (i) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) that the petitioner shall at the time of execution of bond, furnish the address to the Court concerned and shall notify the change in address to the trial Court, till the final decision of the trial; and (iii) that the petitioner shall not leave India without prior permission of the trial Court. (SURYA PARTAP SINGH) JUDGE

08.07.2026 Whether speaking/reasoned Yes/No Yes/No Whether reportable