The High Court of Gujarat granted regular bail to an applicant charged under the NDPS Act, reducing the required quantity to intermediate and noting investigation closure and local residence.
Granted regular bail by executing a personal bond of Rs. 15,000 with one solvent surety of like amount, subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/17799/2021 ORDER DATED: 01/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17799 of 2021
========================================================== NARUBHAI @ NARIYABHAI BACHALABHAI NAYKA
Versus STATE OF GUJARAT
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Appearance:
MR BK. RAJ(3794) for the Applicant(s) No. 1 MR DHARMESH DEVNANI APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 01/12/2021
ORAL ORDER
RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.
[1] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11197057211159 of 2021 registered with Waghodiya Police Station, District: Vadodara for the offences under Sections 8(C), 20(b)(ii)(B) and 29 of the NDPS Act.
[2] Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
[3] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
[4] I have heard learned advocates appearing on behalf of the
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respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.
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satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;
[9] 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
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R/CR.MA/17799/2021 ORDER DATED: 01/12/2021
the lower Court having jurisdiction to try the case.
(RAJENDRA M. SAREEN,J)
R.H. PARMAR
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2 issues framed by the court
Whether the applicant is entitled to regular bail in offences under NDPS Act considering quantum and role.
What conditions should be imposed on the bail of the applicant.
2 provisions across 2 enactments
NARUBHAI @ NARIYABHAI BACHALABHAI NAYKA
STATE OF GUJARAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
