Bilalsha Mahmadsha Shamadar vs State Of Gujarat

Divyesh A. Joshi, J

Rule. Learned APP waives service of notice of Rule for and on behalf of respondent – State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regularbailinconnectionwith C.R.No.112130152212686 of 2022 registered with Gondal City Police Station, District Rajkot Rural for the offence punishable under Sections 8(c), 20(b)(2-C) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

Learned advocate Mr. Saiyed 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. It is submitted that applicant has been arrested on 19.08.2023 and since then he is in judicial custody. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. Learned advocate Mr. Saiyed further submits that FIR is filed against three accused persons who were caught red-handed by the members of the raiding party on the basis of secret information and during the search of the said persons, contraband article Ganja weighing 25 kg was recovered by the members of the raiding party and during the course of interrogation of the said accused persons, name of the present applicant has come on surface as proposed receiver of said contraband article. Except that, no any specific allegation is levelled against the applicant accused. It is further submitted that there is no recovery or discovery and no money trail at the instance of the present applicant accused. Thus, considering the aforesaid factual aspects, applicant may be enlarged on bail by imposing suitable terms and 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. It is submitted that the role of the present applicant accused is clearly spelt out from the papers of charge-sheet and therefore he may not be considered 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 of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found out from the record that investigation is concluded and charge-sheet is filed. Applicant accused is arrested on 19.08.2023 and since then he is in judicial custody. It is also found out from the record that FIR is filed against three accused persons on the basis of secret information received by the members of the raiding party and during the course of search of those accused persons, contraband article 25 kg ganja was recovered and during the course of interrogation of those accused persons, name of the applicant accused has come on surface as proposed receiver of the contraband ganja. Thus, there is no recovery or discovery at the instance of the present applicant accused. Thus, considering the aforesaid factual aspects, I am inclined to consider this application.

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 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.

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 and the applicant is ordered to be released on regularbailinconnectionwith C.R.No.112130152212686 of 2022 registered with Gondal City Police Station, District Rajkot Rural, on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 before the concerned Police Station on alternate Monday 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 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.

The present application stands allowed accordingly. Rule is made absolute. Direct service is permitted.