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.II-1325 of
2016 registered with Varachha Police Station, Surat City for the offence punishable under Sections 20(B)(2)(C), 22(C) and 29 of the NDPS Act.
2. Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular
bail by imposing suitable conditions. It is submitted that the FIR has been filed on 23.11.2016 and in connection with the same, applicant has been
arrested on 26.05.2022 and since then he is in judicial custody. That the investigation is already completed and after submission of charge-sheet
present application is preferred. It is further submitted that co- accused have been enlarged on bail by the Coordinate Bench of this Court and
therefore on the principle of parity, applicant may be enlarged on bail.
3. Learned APP appearing on behalf of 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 further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the
allegations levelled against the applicant and the role played by the applicant. I have perused the police papers and other documents produced by the
applicant along with the memo of the application. It is found out from the record that applicant has been arrested on 26.05.2022 and since then he is in
judicial custody. The investigation is already completed and after submission of charge-sheet, present bail application is preferred. It is also found out
from the record that the co-accused have been enlarged on bail by the Coordinate Bench of this Court. Thus, considering the overall facts and
circumstances of the present case, I am inclined to consider this application.
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.II-1325 of 2016
registered with Varachha Police Station, Surat City, 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 Surat District 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. and 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. Rule is made absolute. Direct service is permitted.
