Parth Jayantibhai Tejani vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Mr. Hardik A. Dave for the applicant and learned APP Ms. Shruti Pathak for the respondent-State.

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for being released on regular bail in connection

with F.I.R. registered as C.R. No.11210021200948 of 2020 with Katargam Police Station, Surat, for the offences punishable under Sections 8(c),

20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned Advocate Shri Hardik Dave for the applicant submits that reading of the complaint as well as other documents attached by him clearly

show that the applicant herein had gone to the shop to purchase the contraband material and whereas during the raid the contraband material which

had been recovered was recovered from the co-accused namely Mr. Jigar Mansukhbhai Dholakiya. He draws attention of this Court to the affidavit

filed by the Investigating Officer, wherein also it is clearly mentioned that the present applicant had gone to the shop concerned for the purpose of

purchasing the contraband material. He also draws attention of this Court to the Panchnama at the time of raid wherein in addition to the facts stated

above that the contraband material had been recovered from the co-accused Mr. Jigar Mansukhbhai Dholakiya is coming out, the main accused also

stated that the present applicant had gone there to purchase the contraband material. On the basis of the above submissions, learned Advocate Mr.

Hardik Dave submits that since no recovery had been made from the present applicant and since it is clearly coming out that the applicant was

intended purchaser and now the charge-sheet has already been filed by the Investigating Officer, no purpose would be served in keeping the present

applicant in custody any further. Thus submitting he requests this Court to release the present applicant on regular bail.

As against the same, learned Additional Public Prosecutor Ms. Shruti Pathak appearing for the respondent â€" State has strongly opposed the grant

of regular bail. She submits that the present applicant was found at the shop when the raid was carried out which has resulted in recovery of the

contraband material weighing 2 Kg. 389 Gram valued at Rs.2,37,900/-, therefore the applicant was also a part of the large conspiracy. She further

submits that the present applicant cannot try to take advantage merely by stating that he was an intended purchaser of the contraband material since

ultimately the contraband material was also recovered from the shop though not from the present applicant. Thus submitting she requests this Court

may not release the applicant on regular bail.

Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do

not press for further reasoned order.

I have heard learned advocates appearing on behalf of the parties and perused the papers. Following aspects are considered:-

(i) no contraband material was recovered from the present applicant;

(ii) from the charge-sheet papers it clearly comes out that the applicant was an intended purchaser.

(iii) age of the applicant and there being no criminal antecedent against the applicant.

This Court has 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 First Information Report,

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 bail in connection with F.I.R. registered as C.R.

No.11210021200948 of 2020 with Katargam Police Station, Surat, on executing a bond of Rs.10,000/- (Rupees Ten Thousands 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;

[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] 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.

10 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 stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage,

only for the purpose of considering the application of the applicant for being released on regular bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct service through electronic mode is permitted.