Divyesh A. Joshi, J
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R. No. 11211031230045 of 2023 registered with the Limbdi Police Station, District Surendranagar for the offence punishable under Sections 8(C), 18(B) and 29 of the NDPS Act.
2. Learned advocate Mr. Mehul Sharad Shah appearing on behalf of the applicant has submitted that so called incident has occurred on 14.02.2023 and on the same day the FIR was registered, since then the applicant is in judicial custody. It is also submitted that the investigation is already completed and the present application is filed after submission of the charge-sheet by the concerned Investigating Officer before the competent Court. It is the case of the prosecution that SOG has received some secret information that contraband narcotic substance i.e. opium is lying in the house of the present applicant, therefore, members of the raiding party have carried out raid at the place of the applicant and during the course of raid, 7 kg. opium amounting to Rs. 1,98,000/- was recovered and opium in the form of liquid of 4 kg and 520 grams amounting to Rs. 4,50,000/0 was also recovered, in total 12 kg. opium was recovered. Considering the role attributed by the present applicant as well as investigation is completed, the present may be enlarged on regular bail by imposing suitable terms and conditions.
3. Learned APP appearing on behalf of the respondent-State has opposed the present bail application. It is submitted that the role of the present applicant is clearly spelt out from the body of the compilation of the charge sheet papers. Considering the role attributed by the present applicant, the present application may not be considered.
4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have perused the police papers as well as documents produced by the applicant along with the memo of the application. It is found out from the record that the applicant is jail since 14.02.2023. The investigation is already completed and the present application is filed after submission of the charge-sheet by the concerned Investigating Officer before the competent Court. No further recovery or discovery is required to be made from the present applicant. Considering the role attributed by the present applicant at the time of commission offence, I am inclined to exercise the discretion in favour of the applicant.
6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with C.R. No. 11211031230045 of 2023 registered with the Limbdi Police Station, District Surendranagar, on executing a personal bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. to 2:00 p.m.;
[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
10. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
11. The present application stands allowed accordingly. Direct service is permitted.
