Vikas S/O Ishwar Kasbe & Ors vs State Through Market Ps, Bidar, (Now Represented By The ADDL. SPP, HCKB At Kalaburagi)

S.Vishwajith Shetty, J

Accused Nos.1 and 2 in Crime No.55/2025 registered by Market Police Station, Bidar district, for the offences punishable under Sections 21 and 22(b) of Narcotics Drugs and Psychotropic Substances Act, 1985, are before this Court in this petition filed under Section 187(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking statutory bail.

Heard learned counsel for the parties.

FIR has been registered in the present case against the petitioners herein and another for the aforesaid offences by Market Police Station, Bidar based on the first information received from Siddangouda Girigoudar, PSI attached to Market Pole Station, Bidar. During the course of investigation, petitioners herein were arrested on 21.08.2025 and subsequently remanded to judicial custody. Their bail application filed under Section 187(2) of BNSS, 2023 before the jurisdictional Court of Special Judge at Bidar was rejected on 02.12.2025. It is under these circumstances, the petitioners are before this Court.

In the first information which is submitted on 21.08.2025, it is stated that based on the credible information received on the said date at about 18.30 hours, raid was conducted to the alleged spot, where the accused persons were allegedly making attempts to transport the contraband articles. From the spot, petitioners/accused Nos.1 and 2 were arrested and from their possession, 64 bottles of cough syrup, 4,500 Nitrazepam tablets and 240 Pyeevon Spas Plu tablets were recovered and seized under mahazar. Subsequently, the accused and the seized contraband articles were brought to the police station and FIR was registered against them. The arrested accused persons were remanded to judicial custody on 22.08.2025. The maximum punishment for the offences invoked against accused persons in the FIR is imprisonment for a term which may extend up to 10 years.

Learned High Court Government Pleader on instructions submits that except the aforesaid offences, no other offence has been invoked against the petitioners herein till date. If that is so, for the offences alleged against the petitioners, the charge sheet ought to have been filed within 60 days from the date of their remand to judicial custody, as provided under Section 187(3) of BNSS, 2023. Undisputedly, as on this day, charge sheet is not filed in the present case. Under the circumstances, I am of the opinion that the petitioners have made out a case for grant of statutory bail.

For the foregoing reasons, following order is passed:

ORDER

The criminal petition is allowed.

The petitioners are directed to be enlarged on bail in Crime No.55/2025 registered by Market Police Station, Bidar district, for the offences punishable under Sections 21 and 22(b) of Narcotics Drugs and Psychotropic Substances Act, 1985, pending on the file of Principal District and Sessions Judge, Bidar, subject to the following conditions:

a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioners shall not involve in similar offences in future;

e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.