Allowed

Dharmendrasinh @ Raju Chanrasinh Raval (Rajput) v. State of Gujarat

Gujarat HC3 Dec 2021CR.MA/17856/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed a criminal miscellaneous application for regular bail filed under Section 439 CrPC. Considering investigation completion, role, and co-accused bail, the court ordered release on a personal bond of Rs. 15,000 with a solvent surety and specific conditions, applying Sanjay Chandra principles.

What did the court decide?

Applicant ordered to be released on regular bail on executing a personal bond of Rs.15,000 with one solvent surety upon specific conditions.

Dharmendrasinh @ Raju Chanrasinh Raval (Rajput) Vs State of… — Narcotics (NDPS) | Gujarat HC (2021)

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R/CR.MA/17856/2021 ORDER DATED: 03/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17856 of 2021

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==========================================================

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DHARMENDRASINH @ RAJU CHANRASINH RAVAL (RAJPUT)

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Versus STATE OF GUJARAT

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==========================================================

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Appearance:

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MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1 MR JK SHAH, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1 ==========================================================

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 03/12/2021

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ORAL ORDER

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[1] RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

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[2] 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.11216006200034 of 2020 registered with Chiloda Police Station, District: Gandhinagar for the offences under Sections 8(C), 2(C) and 29 of the NDPS Act.

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[3] 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.

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[4] Learned Additional Public Prosecutor appearing on behalf

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Page 1 of 4

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R/CR.MA/17856/2021 ORDER DATED: 03/12/2021

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

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[5] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

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[6] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra versus Central Bureau Investigation, reported in (2012) 1 SCC 40.

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[7] In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge the applicant on regular bail.

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[8] This Court has considering the following aspects:

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(i) The applicant is in jail since 28.01.2021.

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(ii) Investigation is over and charge sheet is filed.

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(iii) The applicant is a signatory as a witness of a Car, which is purchased by Joravarsinh, who is absconded.

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(iv) Co-accused, who has purchased the vehicle has been released on bail.

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(v) No conscious possession was found from the possession of the applicant.

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Page 2 of 4

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R/CR.MA/17856/2021 ORDER DATED: 03/12/2021

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[9] In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.11216006200034 of 2020 registered with Chiloda Police Station, District: Gandhinagar on executing a personal bond of Rs.15,000/(Rupees Fifteen Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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

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[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

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[e] mark presence before the concerned Police Station once between 1^st and 5^th day of every English calendar month for a period of six months.;

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[f] furnish latest and permanent 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 this Court;

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Page 3 of 4

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R/CR.MA/17856/2021 ORDER DATED: 03/12/2021

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[10] 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.

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[11] Rule is made absolute to the aforesaid extent. Direct service is permitted.

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(RAJENDRA M. SAREEN,J)

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DRASHTI K. SHUKLA

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Page 4 of 4

Dharmendrasinh @ Raju Chanrasinh Raval (Rajput) v. State of Gujarat

Case brief

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Dharmendrasinh @ Raju Chanrasinh Raval (Rajput) v. State of Gujarat

Case brief

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