Supreme Court of India observed that the fact that a co-accused who was released on bail has not surrendered cannot be a valid reason to deny bail to another accused.

The Court noted that this sole ground was the reason the High Court denied bail to the appellant, who was under custody for offenses under the Narcotic Drugs and Psychotropic Substances Act, 1985.

The bench, comprising Justices KM Joseph and Arvind Kumar, held that the appellant's detention for a prolonged period (two years and 11 months) and the framing of charges should be taken into account while considering the bail application.

The Court directed the High Court to reconsider the bail application, giving due consideration to these factors and the proposed examination of 19 prosecution witnesses.

Case Title: Sebil Elanjimpally vs The State of Odisha