Co-accused's non-surrender is not a valid ground to deny bail; refusal set aside for fresh consideration.

A co-accused's failure to surrender after being granted bail is not, by itself, a germane ground to refuse bail to another accused under the NDPS Act. The Court held that the High Court had relied solely on that circumstance while rejecting the second bail application, which made the refusal unsustainable. The order was set aside and the matter remitted to the High Court for fresh consideration of the bail plea on merits.

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Issues: Whether bail could be declined solely on the ground that a co-accused who had been granted bail had not surrendered.

Analysis: The accused was facing prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 and his second bail application had been rejected by the High Court essentially because a co-accused released on bail had not surrendered. The Court held that this circumstance, by itself, was not a relevant or germane consideration for refusing bail to the appellant. Since the impugned order rested on that sole factor, the matter required fresh consideration by the High Court.

Conclusion: The refusal of bail on that ground was unsustainable and the matter was remitted to the High Court for reconsideration of the bail application.

Final Conclusion: The order refusing bail was set aside and the bail application was sent back to the High Court for a fresh decision on merits.

Ratio Decidendi: A co-accused's failure to surrender after being released on bail is not, by itself, a germane ground to deny bail to another accused.

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