The Gujarat High Court has granted regular bail in the case of FIR C.R. No.11210021220857/2022 at Katargam Police Station, Surat. This judgment comes after a thorough legal review of the applicant’s role in connection with the NDPS Act. Specific conditions have been imposed on the applicant for the grant of bail. The decision reflects a careful consideration of the allegations and the applicant’s involvement in the case.
Facts
- The applicant was arrested on 03.07.2023 in connection with an FIR lodged on 28.09.2022, following a rule taken place on 27.09.2022.
- The FIR was lodged against three accused persons, with the applicant being arraigned based on statements of co-accused.
- No recovery or discovery was made at the instance of the present applicant.
- The application for regular bail under Section 439 of the Code of Criminal Procedure, 1973, is in relation to FIR C.R. No.11210021220857/2022 at Katargam Police Station, Surat for offences under the NDPS Act.
Arguments
- The Learned APP for the respondent-State has opposed the grant of regular bail, citing the nature and gravity of the offence.
- The role of the present applicant has been clearly identified from the chargesheet, indicating a strong connection to the alleged offence.
- No antecedent reports have been found against the applicant, suggesting a clean past record.
- Despite the nature of the offence, it is urged that the applicant be granted regular bail with suitable conditions imposed.
- Learned advocate for ARG_RESPONDENT appeared on behalf of the party
- The learned advocate did not press for further reasoned order
Analysis
- Applicant is not reported to have any antecedents against them.
- Investigation papers have been reviewed along with the allegations and applicant’s role in the case.
- The applicant was not present at the place of occurrence, instead arraigned based on co-accused statements.
- Application for bail filed after chargesheet submission and completion of investigation.
- Applicant has been in jail since 03.07.2023.
- The role played by the applicant during the commission of the crime has been considered.
- The Court considered the law laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Without discussing the evidence in detail, the Court opined that based on the nature of allegations in the FIR, the applicant is fit for regular bail.
- The Court exercised its discretion and granted bail to the applicant, allowing the present application.
Decision
- The applicant is ordered to be released on regular bail in connection with FIR C.R. No.11210021220857/2022 registered with Katargam Police Station, Surat.
- The bail requires executing a personal bond of Rs.15,000/- with one surety of the like amount to the satisfaction of the trial Court.
- Various conditions are imposed on the applicant, including not misusing liberty, not acting in a manner injuries to the interest of the prosecution, surrendering passport if any, not leaving the State of Gujarat without prior permission, marking presence at the Police Station on alternate Mondays, and providing the present address of residence.
- The application to be allowed with the bail bond to be executed before the lower Court having jurisdiction.
- The concerned Court can modify or relax any of the conditions in accordance with the law.
- In case of breach of conditions, the concerned Sessions Judge can issue a warrant or take appropriate action.
- The applicant will only be released if not required in connection with any other offense.
- Original names to be used in the trial and not influenced by preliminary observations made by this Court while granting bail.
- The rule is made absolute to the above extent.
Case Title: NILU SANIYA NAHAK Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7826/2024
