Jimilkumar Jayeshbhai Patel vs State Of Gujarat on 5 January, 2022

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Gujarat High Court

Jimilkumar Jayeshbhai Patel vs State Of Gujarat on 5 January, 2022

Bench: Gita Gopi

   R/CR.MA/16995/2021                                        ORDER DATED: 05/01/2022



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 16995 of 2021

================================================================
                         JIMILKUMAR JAYESHBHAI PATEL
                                     Versus
                               STATE OF GUJARAT
================================================================
Appearance:
MR HITESH L GUPTA(3937) for the Applicant(s) No. 1
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                     Date : 05/01/2022
                                      ORAL ORDER

1. This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being II-C.R. No.11197005210956 of 2021 registered with Vadodara Taluka Police Station, Vadodara Rural for the offences punishable under sections 8(c), 21 and 22 of the Narcotic and Psychotropic Substances Act, 1985 (NDPS).

2. Learned Advocate for the applicant Mr. Hitesh L. Gupta submitted that allegations against the present applicant is of being in possession of Methamphetamine/amphetamine of about 0.66 grams. As per the Schedule, the small quantity of Methamphetamine/amphetamine is 2.00 grams. It is submitted that the punishment prescribed for the above offence is of one year and the applicant is in judicial custody for more than six months. It was, Page 1 of 4 Downloaded on : Wed Jan 12 17:21:43 IST 2022 R/CR.MA/16995/2021 ORDER DATED: 05/01/2022 therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

3. Mr. J.K. Shah, learned Additional Public Prosecutor, submitted that there are criminal antecedents against the present applicant and it is urged that the application should be rejected.

4. In response to the above submission of the learned Additional Public Prosecutor, it is submitted by learned Advocate for the applicant that the above criminal complaints are not in relation to the offences under the NDPS Act.

5. Heard learned advocates on both the sides and perused the material on record. Taking into consideration the quantity of Methamphetamine/amphetamine alleged to be with the applicant and the quantum of punishment as prescribed in the Schedule, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

6. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being II-C.R. No.11197005210956 of 2021 Page 2 of 4 Downloaded on : Wed Jan 12 17:21:43 IST 2022 R/CR.MA/16995/2021 ORDER DATED: 05/01/2022 registered with Vadodara Taluka Police Station, Vadodara 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 injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned trial court;

[e] 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 the concerned trial court;

7. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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.

Page 3 of 4 Downloaded on : Wed Jan 12 17:21:43 IST 2022

R/CR.MA/16995/2021 ORDER DATED: 05/01/2022

8. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

Sd/-

(GITA GOPI,J) CAROLINE Page 4 of 4 Downloaded on : Wed Jan 12 17:21:43 IST 2022

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