Dhansukh Maganbhai Prajapati vs State Of Gujarat on 5 April, 2022

[Cites 5, Cited by 1]

Gujarat High Court

Dhansukh Maganbhai Prajapati vs State Of Gujarat on 5 April, 2022

Bench: Nirzar S. Desai

     R/CR.MA/21409/2021                              ORDER DATED: 05/04/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21409 of 2021

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                          DHANSUKH MAGANBHAI PRAJAPATI
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR VO JOSHI(5883) for the Applicant(s) No. 1
MR. HIMANSHU K. PATEL, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                 Date : 05/04/2022

                                  ORAL ORDER

1. Heard learned advocate Mr. V. O. Joshi for the applicant and learned Additional Public Prosecutor Mr. Himanshu Patel for the respondent - State.

2. 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 at C.R.No.11196036210586 of 2021 with Harni Police Station, District:- Vadodara for the offence punishable under Sections 8 (C), 20 (B), 27 and 29 of the N.D.P.S. Act.

3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and Page 1 of 4 Downloaded on : Wed Apr 06 21:25:04 IST 2022 R/CR.MA/21409/2021 ORDER DATED: 05/04/2022 conditions.

4. On the other hand, learned APP appearing for the respondent -

State opposed grant of regular bail looking to the nature and gravity of the offence.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

i. Investigation is over and charge-sheet is filed. ii. The applicant is in jail since 27.10.2021. iii. Quantity of contraband article i.e. Ganja was not recovered from the applicant. Learned advocate for the applicant submits that contraband article i.e. Ganja recovered from the co-accused was in small quantity. iv. Maximum punishment even if the applicant is convicted would be 1 year.

6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with FIR registered at C.R.No.11196036210586 of 2021 with Harni Police Station, District:- Vadodara on Page 2 of 4 Downloaded on : Wed Apr 06 21:25:04 IST 2022 R/CR.MA/21409/2021 ORDER DATED: 05/04/2022 executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant 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] not to leave the Gujarat without prior permission of the Sessions Judge concerned;

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

[e] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Sessions Court concerned;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

[g] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

7. The Authorities will release the applicant only if the applicant 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.

Page 3 of 4 Downloaded on : Wed Apr 06 21:25:04 IST 2022

R/CR.MA/21409/2021 ORDER DATED: 05/04/2022

8. Bail bond to be executed before the learned 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 trial, learned 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.

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

10. Direct service is permitted.

(NIRZAR S. DESAI,J) VARSHA DESAI Page 4 of 4 Downloaded on : Wed Apr 06 21:25:04 IST 2022

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