### Second Bail Application Granted Due to Prolonged Incarceration and Acquittal in Previous NDPS Antecedent

The applicant was arrested on August 5, 2025, in connection with Crime No. 240/2025 at P.S. Fingeshwar for allegedly possessing and transporting 120 tablets of "Nitrosun," a prohibited narcotic substance.

The applicant filed a second bail application under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.

His first bail application (MCRC No. 9601/2025) was rejected on January 5, 2026, primarily due to a previous criminal antecedent under the NDPS Act.

The applicant contended that he has since been acquitted in the previous case, has been in custody for nearly a year, and only one out of nine witnesses has been examined.

1. Whether the applicant is entitled to regular bail considering the change in circumstances regarding his criminal antecedents and the prolonged period of incarceration.

Section 22(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which pertains to the contravention involving psychotropic substances.

Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.

Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS regarding the conditions of bail and consequences of non-compliance.

The Court evaluated the merit of the second bail application by noting a significant change in circumstances: the previous criminal antecedent that led to the initial rejection of bail was no longer a valid ground for detention, as the applicant had been acquitted in that matter.

Furthermore, the court observed that the applicant had been languishing in jail since August 5, 2025, and the trial was progressing slowly, with only one witness examined out of nine.

By weighing the period of incarceration against the status of the trial and the removal of the previous adverse antecedent, the court determined that continued detention was unnecessary.

The High Court allowed the second bail application, granting the applicant release on bail subject to furnishing a personal bond and two sureties.

The holding was conditioned upon strict requirements, including the applicant's mandatory presence at trial, a prohibition on seeking unnecessary adjournments, and penalties for misuse of liberty under relevant provisions of the BNS and BNSS.