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2022 DIGILAW 521 (GUJ)

Ravindra @ Ravibhai Bannabhai Narsingh Raut v. State of Gujarat

2022-04-13

A.Y.KOGJE

body2022
ORDER : 1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being III-CR No.154 of 2018 registered with Mahidharpura Police Station, Surat City for offence under Sections 8(C), 20(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. 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. Following aspects are considered :- I. The FIR is registered on 11.04.2018 for the offence which is alleged to have taken place on 11.04.2018. II. The applicant is in jail since 18.04.2018. III. The investigation is concluded and chargesheet is filed. IV. The application is filed on the basis of liberty reserved in order dated 16.07.2021. It is reported that trial has not progressed in the meantime. V. Submission of learned advocate for the applicant the applicant was not found in conscious possession of the contraband and has been arraigned as an accused only on the basis of statement of co-accused and Call Detail Records. VI. It is submitted that the co-accused with graver role and with identical set of evidence, has been enlarged on regular bail vide order dated 10.08.2020 in Criminal Misc. Application No.4262 of 2020. VII. No antecedents are reported against the applicant as per learned advocate for the applicant. VIII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant. 6. 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. 7. Hence, the present application is allowed. 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. 7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being III-CR No.154 of 2018 registered with Mahidharpura Police Station, Surat 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 & 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; 8. 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. 9. 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. Rule is made absolute to the aforesaid extent.