Ghanshyamgiri Jagdishgiri Gosai vs State Of Gujarat

Vipul M. Pancholi, J

Pursuant to the liberty granted by this Court vide order dated 08.04.2019 passed in Criminal Misc. Application No.1105 of 2019 whereby the liberty was granted to the applicant to file a fresh application after a period of six months, the present successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being Prohibition C.R. No.133 of 2018 registered with Bhaktinagar Police Station, District Rajkot City, for offence under Sections 8(C), 21 and 29 of the NDPS Act.

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.

Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

This Court has considered following aspects,

(a) the applicant is in Jail since 23.09.2018;

(b) investigation is over and charge-sheet is filed;

(c) it is submitted that the applicant is not named in the FIR and he is implicated on the basis of the statement of the co-accused;

(d) it is submitted by the learned advocate for the applicant that even as per the case of the prosecution, the applicant has transported the narcotic substance from one place to another, for which, he got Rs.10,000/- towards transportation fare, except that, no other allegation is leveled against the applicant;

(e) learned advocate for the applicant thereafter submitted that after the applicant is arrested in the present FIR, he was also implicated on the basis of the statement of the co-accused in another case. However, this Court has enlarged the applicant on bail in connection with the said FIR, as except the statement of co-accused, there was no other material in the papers of charge-sheet in the said case;

(f) the aforesaid aspects are verified by the learned Additional Public Prosecutor, who is appearing for the respondent State;

(g) when inquired, learned Additional Public Prosecutor Mr.Ronak Raval has further submitted that even in the statement of the co-accused in the present case, it is not revealed that except transportation fare i.e. Rs.10,000/- given to the applicant, any other amount is received by the applicant;

(h) learned advocate Mr.Ashish M. Dagli appearing for the applicant placed reliance upon the order dated 21.03.2019 passed by the co- ordinate Bench of this Court in Criminal Misc. Application No.21130 of 2018 wherein in similar type of case, the co-ordinate Bench of this Court has considered the case of the transporter. Copy of the said order is produced on record by the learned advocate for the applicant during the course of hearing of this application;

(i) in the present case also, even as per the case of the prosecution, the applicant was only driver, who carried narcotic substance (Ganja). However, the applicant was not aware about the material which was being transported;

Looking to the role attributed to the applicant and looking to the overall the facts and circumstances of the present case, I am inclined to consider the case of the applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being Prohibition C.R. No.133 of 2018 registered with Bhaktinagar Police Station, District Rajkot City, 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;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day 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 relating to COVID-19 and, thereafter, 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.

At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent.

Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.