Bhagaji Gabhaji Ramaji Thakore vs State Of Gujarat

A.J.Desai, J

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.II â€

82 of 2019 with Adalaj Police Station, Gandhinagar, for the offences punishable under Sections 8(C), 20 (b), 29, etc. of the NDPS Act.

Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing

suitable conditions.

The learned APP opposes the grant of bail looking to the nature and gravity of offences.

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

Learned advocate for the applicant submits that investigation is almost over and the quantity allegedly recovered from the applicant was less than

the commercial quantity as 20 Kgs. Besides, the applicant has no criminal antecedents and considering the above, the applicant may be enlarged on

bail. He further states that co-accused has been enlarged on regular bail by coordinate bench of this Court vide order dated 13/11/2019 in Criminal

Misc. Application Nos.15304 of 2019 and 18597 of 2019.

The following facts are taken into consideration :-

(i) Vide Notification S.O. 1055(E) dated 19.10.2001, published in the Gazette of India, dated 19.10.2001, issued by the Department of Revenue,

Ministry of Finance, Central Government, under the provisions of the NDPS Act, Sr.No.55, Ganja, prescribes commercial quantity as 20 Kg;

(ii) the quantity in the present case is below the commercial quantity prescribed;

(iii) the punishment prescribed may extend up to 10 years and fine upto Rs.1,00,000/-;

(iv) rigour of Section 37 of the NDPS Act may not be applicable;

I have also considered the orders passed by a coordinate bench in similar type of cases.

Considering the above, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion

to enlarge the applicant on bail.

In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.

No.II â€" 82 of 2019 with Adalaj Police Station, Gandhinagar, on executing a bond of Rs.25,000/-(Rupees Twenty Five 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 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 at the concerned Police Station on any day of first week of each English Calendar Month for a period of two years and thereafter

on any day of the first week of every three English calendar months till trial is over;

[f] furnish the present address of residence to the I.O. 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;

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 made absolute to the aforesaid extent. Direct service is permitted.