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Judgment
A.Y. Kogje, J
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being II-CR
No.3058 of 2018 registered with Virsad Police Station, Anand for offence under Sections 8(C) and 20(B) 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.
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.
Learned APP, under the instructions, states that he is unable to distinguish the role attributed by the prosecution to the present applicant as well as the
co-accused, who have been enlarged on regular bail by this Court.
Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
I. The FIR is registered on 26.09.2018 for the offence which is alleged to have taken place on 26.09.2018.
II. The applicant is in jail since 19.11.2018.
III. The application is moved on the basis of parity as this Court by an order dated 22.10.2019 had rejected the application for
IV. Thereafter, it is pointed out that by an order dated 22.01.2020 in Criminal Misc. Application No.15718 of 2019, this Court has enlarged co-accused
on regular bail. Another co-accused was enlarged by an order dated 13.11.2019 in Criminal Misc. Application No,17501 of 2019. Yet another co-
accused was released by an order dated 04.07.2019 in Criminal Misc. Application No.5699 of 2019.
V. The submission of learned advocate for the applicant is that the nature of evidence against the applicant as well as against the co-accused is the
same i.e. to say the statement of co-accused Chetansinh @ Rajbha.
VI. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
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.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being II-CR No.3058 of
2018 registered with Virsad Police Station, Anand, 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 & shall not obstruct or hamper the police investigation and shall not to 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. and 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;
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.
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.
Rule is made absolute to the aforesaid extent.