1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for regular bail in connection with CR.No.II-3721 of 2011 registered with Surat Railway police station for the offences punishable under Sections 8(C), 20(B) and 29 of the N.D.P.S. Act.
2. Learned advocate for the applicant submits that the chargesheet is filed and he should be enlarged on bail as this Court (Coram: Anant S. Dave, J. ) in Criminal Miscellaneous Application No. 8326 of 2011 and also in Criminal Miscellaneous Application No. 146 of 2012 passed by this Court (Coram:M.D. Shah, J. ) in similarly situated cases of accused has granted bail. He further urged that muddamal 'Ganja' is though more than small quantity the same is below the prescribed commercial quantity of 20 kg. He also urged that there is no criminal antecedent of the accused. He ensured the presence of the applicant accused by furnishing local sureties as well.
3. Learned Additional Public Prosecutor does not dispute the submissions, however, insists upon stringent conditions.
4. Considering above facts and considering the fact that coordinate Bench of this Court has granted regular bail to the accused in cases of similarly situated persons and considering the nature of allegations and the quantity and nature of muddamal, which is 'Ganja" the prescribed commercial quantity is 20 kg and as rigour of Section 37 of NDPS Act is not attracted without further entering into the merits of the case, this Court is of the opinion that discretion to enlarge the applicant on regular bail is to be exercised.
5. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR.No.II-3721 of 2011 registered with Surat Railway police station, on executing a bond of Rs.100,000/- (Rupees One Lac Only) with two local sureties each of Rs.50,000/-(Rupees Fifty Thousand Only) 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) shall not tamper with the evidence;
(d) shall not act contrary to the law;
(e) surrender passport, if any, to the lower court within a week;
(f) not leave India without prior permission of the Sessions Judge concerned;
(g) shall not leave the State of Gujarat without prior permission of the trial Court:
(h) mark presence before the concerned police station on the 1st and the 15th of every English Calender month between 11.00 a.m. and 3.00 p.m. till the trial is over;
(i) furnish the present and permanent 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;
6. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
7. If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
8. Bail bond to be executed before the lower court having jurisdiction to try the case.
9. 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. D.S. Permitted.
(Ms.Sonia Gokani, J.) sudhir Top