Viren @ Dev Anupsinh Chauhan vs State Of Gujarat on 30 June, 2020

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Gujarat High Court

Viren @ Dev Anupsinh Chauhan vs State Of Gujarat on 30 June, 2020

Bench: A.S. Supehia

         R/CR.MA/4872/2020                                        ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 4872 of 2020
================================================================
                     VIREN @ DEV ANUPSINH CHAUHAN
                                 Versus
                           STATE OF GUJARAT
===============================================================
Appearance:
MR VO JOSHI(5883) for the Applicant(s) No. 1
MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1
================================================================
 CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA
                   Date : 30/06/2020
                    ORAL ORDER

1. RULE. Learned Additional Public Prosecution waives service of notice of Rule on behalf of the respondent-State.

2. Heard the learned advocates for the respective parties by video conferencing.

3. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.II-153 of 2019 with Sama Police Station, Vadodara City for the offences punishable under Sections 8(c), 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

4. Learned advocate for the applicant has submitted that the allegations made against the applicant are vague and he has been falsely implicated in the alleged offence. He has further submitted that the applicant has been arrested on 19.08.2019 and has been incarcerated since then. He has further submitted that the applicant is in judicial custody as under-trial prisoner for the alleged offence. He has also submitted that there is no direct evidence against the applicant and the contraband article i.e. Crystalline Methamphetamine powder is recovered from the main accused namely Raj @ Samir Rantjitsinh Parmar.

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R/CR.MA/4872/2020 ORDER

5. Learned advocate has also submitted that the applicant has no antecedent. He has submitted that there is no direct evidence to show that the applicant and the main accused were in joint possession of the contraband i.e. "Crystalline Methamphetamine powder". He has also submitted that he had only accompanied the main accused when he had gone to Mumbai for bringing the contraband substance but there is no evidence regarding that he had gone to Mumbai.

6. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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

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

i)     The applicant is in custody since 19.08.2019 ;


ii)    The investigation is concluded and charge-sheet is filled;

iii) As per the say of the learned advocate for the applicant, there is no criminal antecedent against the applicant;

iv) that on the seizure memo, it is apparently recorded that the contraband article "Crystalline Methamphetamine powder" is not recovered from the present applicant but the mobile phone of "Samsung" brand has been recovered, whereas the contraband article is recovered from the co- accused i.e. Raj@ Samir Rantjitsinh Parmar;

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          R/CR.MA/4872/2020                                          ORDER



v)     This Court has taken into consideration the law laid down by the

Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, [2012] 1 SCC 40.

9. Having regard to the above submissions and in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the FIR, this Court is of the view that discretion is required to be exercised in favour of the applicant for grant of bail and, since there is no possibility of tampering with the evidence as charge-sheet is already submitted. Moreover, the applicant assures that he will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach.

10. Further I do not intend to go into the merits of the matters and I am persuaded to exercise my discretion in favour of the applicant. The investigation is over and the charge-sheet has already been filed and the trial would take a considerable long period of time.

11. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R.No.II-153 of 2019 with Sama Police Station, Vadodara City on executing personal bond of Rs.10,000/- (Ten Thousand) with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

(a) not to take undue advantage of liberty or misuse liberty;

(b) not to act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(d) not to leave the State of Gujarat without prior permission of the Trial Court concerned;

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               R/CR.MA/4872/2020                                       ORDER



(e)       mark presence before the concerned Police Station once in a month

for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

12. 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.

13. 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.

14. 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.

15. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode.

16. Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court through Fax message, email and/or any other suitable electronic mode.

Sd/-

(A. S. SUPEHIA, J) SURESH SOLANKI /// VISHAL MISHRA Page 4 of 4 Downloaded on : Tue Jun 30 22:48:47 IST 2020

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