Parity-based temporary bail in an NDPS prosecution granted with bond, surety, and mandatory surrender after six months.

Parity in an NDPS prosecution supported temporary bail where the applicant had remained in custody since 16 January 2021 and similarly placed co-accused had already been released. The Court considered the case diary and accepted the request to maintain parity, but limited the relief to six months from the date of release. The applicant was required to furnish bond and surety and to surrender before the trial court on expiry of that period.

---

---

Issues: Whether the applicant was entitled to bail on the ground of parity in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The applicant had been in custody since 16.01.2021. The co-accused persons, stated to be similarly placed, had already been granted bail. On that basis, and on consideration of the case diary, the request for bail was accepted to maintain parity. The bail granted was limited to a temporary period of six months from the date of release, with a direction to furnish bond and surety and to surrender before the trial court on expiry of that period.

Conclusion: The applicant was held entitled to bail on parity, and the application was allowed in part with release on temporary bail for six months.

---