a
Divyesh A. Joshi, J
1. Rule. Learned APP waives service of notice of Rule for and on behalf of respondent â€" State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regularbailinconnectionwith
C.R.No.11208052230268 of 2023 registered with Bhaktinagar Police Station, Rajkot City for the offence punishable under Sections 8(C), 20(B) and
29 of the Narcotic Drugs and Psychotropic Substances Act.
3. 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 applicant is a lady accused and has been arrested on 12.07.2023 and since then she is in
judicial custody. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. It is
submitted that members of the raiding party got secret information and on the basis of that information, they have intercepted one vehicle and during
the course of search, contraband article Ganja was recovered from the physical possession of the co-accused persons. Thereafter, during
interrogation it has come on record that the said contraband article is required to be supplied to the present applicant accused. In short, name of the
applicant accused has come on surface on the basis of the statement made by the co-accused during the course of interrogation and thereafter
applicant has been arraigned as an accused. It is further submitted that the learned Trial Court has dismissed the application of the applicant merely on
the ground that applicant is having past antecedents of similar nature. It is submitted that 10 + 10 = 20kg contraband article Ganja was recovered from
the possession of the co-accused and there is no recovery or discovery at the instance of the present applicant accused. Thus, considering the
aforesaid factual aspects, applicant may be enlarged on bail by imposing suitable terms and conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. 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. It is found out from the record that applicant is a lady accused and she is
in jail since 12.07.2023. The investigation is already concluded and charge-sheet is filed. The applicant is arraigned as an accused on the basis of the
statement made by the co-accused. There is no recover or discovery at the instance of the applicant accused. Thus, considering the aforesaid factual
aspects, I am inclined to consider this application.
7. 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.
8. 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.
9. Hence, the present application is allowed and the applicant is ordered to be released on regularbailinconnectionwith C.R.No.11208052230268 of
2023 registered with Bhaktinagar Police Station, Rajkot 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 she 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. 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;
10. The authorities will release the applicant only if she 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.
11. 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.
12. The present application stands allowed accordingly. Rule is made absolute. Direct service is permitted.