A.Y. Kogje, J
1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR
registered as C.R. No.III-124/2019 with Veraval Police Station, District Gir Somnath for the offence punishable under Sections 8(c), 20(b), 22 and 29
of the NDPS Act.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail
by imposing suitable conditions.
3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the
nature and gravity of the offence.
4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) The First Information Report is registered on 16.07.2019 for the offence which is alleged to have taken place on 16.07.2019; II) The applicant is in
custody since 16.07.2019; III) The investigation has concluded and the chargesheet is filed; IV) The submission of learned Advocate for the applicant
that the quantity of the prohibited contraband 'ganja' is 1.950 Kgs., which is less than the commercial quantity. Hence, considering the maximum
sentence that can be imposed;
V) The co-accused who was found in possession of the prohibited contraband has been enlarged on regular bail. Hence, applying the principle of
parity;
VI) No antecedents are reported qua the applicant and; VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer
is unable to bring on record any special circumstances against the applicant.
This Court has 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.
6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report,
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.
7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.III- 124/2019 with
Veraval Police Station, District Gir Somnath on executing a personal bond of Rs.10,000/= (Rupees Ten 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 injurious to the interest of the prosecution and shall not obstruct or hamper the police investigation and shall not play mischief
with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. & 2.00 p.m.;
(f) furnish the present address of his 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 Trial Court; 8. 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.
9. 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 application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
