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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 C.R.NO.I/11196030210140/2021 registered with Sayajiganj Police Station, Vadodara for offence under Sections 8(C), 20(b) and 29 of the N.D.P.S. 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.
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 20.02.2021 for the offence which is alleged to have taken place on 20.02.2021.
II. The applicant is in jail since 08.03.2021.
III. The investigation is concluded and charge-sheet is filed.
IV. The applicant is awaiting trial. Earlier application came to be rejected by reasoned order. However, the present application is moved on the strength of the medical condition of the applicant.
V. Submissions of learned advocate for the applicant that the applicant was not found in conscious possession, but has been arraigned as an accused on the basis of evidence collected later on.
VI. Considering the age of the applicant being 63 years.
VII. The Court had called for jail record pertaining to his health condition and accordingly, Certificate dated 21.12.2022 is produced before this Court by the learned APP, wherein it is stated that the applicant after being examined Jail Doctor as well as S.S.G. Hospital is shown to be COPD with Pneumothorax with mild PAH & HbsAg-+ve.Chronic Eezema with Tinea Corporis.
VIII. Learned advocate for the applicant has drawn attention of this Court to the medical condition of the applicant to indicate that the medical condition of the applicant is serious one and not likely to survive for long.
IX. Learned APP under instructions of IO is unable to bring on record any special circumstances against 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 v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
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 C.R.NO.I/11196030210140/2021 registered with Sayajiganj Police Station, Vadodara, 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;
(g) not leave Jetpur, Dist:Rajkot till completion of trial except for the purpose of marking presence before the concerned Police Station and attending the trial proceedings.
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. Direct service is permitted.