Allowed

Tofan Vijay Raut v. State of Gujarat

Gujarat HC3 Feb 2021CR.MA/1870/2021

Case brief

AI extract

What is this about?

High Court of Gujarat allowed a criminal miscellaneous application for regular bail filed under Section 439 CrPC in a NDPS case. Despite based the applicant as a supplier and noting an antecedent theft offence, the court granted bail pending trial on stringent conditions.

What did the court decide?

Applicant ordered to be released on regular bail on execution of a personal bond of Rs. 25,000 with one local surety, subject to specific conditions including surrender of passport and alternate weekl

Tofan Vijay Raut Vs State of Gujarat — Narcotics (NDPS) | Gujarat HC (2021)

¶1

R/CR.MA/1870/2021 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 1870 of 2021

¶4

================================================================ TOFAN VIJAY RAUT

¶5

Versus

¶6

STATE OF GUJARAT

¶7

================================================================ Appearance:

¶8

MR BC DAVE(245) for the Applicant(s) No. 1 MS MOXA THAKKER APP (2) for the Respondent(s) No. 1

¶9

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

¶10

CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

¶11

Date : 03/02/2021

¶12

ORAL ORDER

¶13

[1] Heard Mr.Dave, learned advocate for the applicant and Ms.Thakker, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

¶14

[2] RULE . Ms.Thakker, learned Additional Public Prosecutor waives service of notice of rule for respondent – State. With the consent of both the parties, rule is fixed forthwith.

¶15

[3] The present successive application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an FIR being C.R.No.A – 11210045202019/2020 registered with Pandesara Police Station, District: Surat City for the offences punishable under Sections 8(C), 20(B) II (B), 29 etc. of the Narcotics Drugs and Psychotropic Substances Act, 1985.

¶16

Page 1 of 5

¶17

R/CR.MA/1870/2021 ORDER

¶18

[4] Learned advocate appearing for the applicant submits that the charge-sheet has been filed. He has submitted that the applicant has been arraigned as an accused on the basis of the statement of the main accused. He has submitted that the main accused has been enlarged on bail by the Trial Court and there is one antecedent of the offence under Section 302 of the IPC wherein he has been enlarged on bail. He has submitted that the said offence was relating to the theft of the goat whereby the offence was occurred in the year 2016. He has submitted that there is no antecedent narcotic substance offence and considering the fact that the person from whom possession the narcotic substance has been recovered and he has already been enlarged on bail by the Trial Court. He has submitted that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.

¶19

[5] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail on the grounds that the offence is serious one and the petitioner is supplier of the narcotic substance to the main accused and one another accused is also absconding. She has submitted that there is one antecedent of the offence under the provisions of the NDPS Act of the nature and gravity of the offence and, therefore, this Court may not exercise discretionary power in enlarging the applicant on

¶20

Page 2 of 5

¶21

R/CR.MA/1870/2021 ORDER

¶22

bail.

¶23

[6] Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant.

¶24

[7] This Court has considered following aspects;

¶25

(i) That main accused is enlarged on bail;

¶26

(ii) The accused is in jail since 30.08.2020;

¶27

(iii) The investigation is over and the charge-sheet is led;

¶28

(iv) The present applicant has arraigned as accused on the basis of the statement of the accused;

¶29

(v) The assurance given by the learned advocate for the applicant that the applicant will abide by all the conditions that may be imposed by this Court;

¶30

(vi) There is no possibility of the applicant flee away from justice;

¶31

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

¶32

[9] In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.A –

¶33

Page 3 of 5

¶34

R/CR.MA/1870/2021 ORDER

¶35

11210045202019/2020 registered with Pandesara Police Station, District: Surat City , on executing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

¶36

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;

¶37

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

¶38

[d] not leave the State of Gujarat without prior permission of the concerned Trial Court;

¶39

[e] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

¶40

[f] furnish latest 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 Trial Court;

¶41

[10] 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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond

¶42

Page 4 of 5

¶43

R/CR.MA/1870/2021 ORDER

¶44

to be executed before the Trial 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. Rule is made absolute accordingly.

¶45

[11] Direct service through fax, email and/or any other suitable electronic mode is permitted.

¶46

(DR. A. P. THAKER, J)

¶47

V.R. PANCHAL

¶48

Page 5 of 5

Tofan Vijay Raut v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Tofan Vijay Raut v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gumanbhai Dwarkabhai Dubhil Vs State of Gujarat

Divisional Controller Vs Bhakabai G Baraiya Thro His Legal Heirs

Kalusinh Javansinh Rajput Vs State of Gujarat

State of Gujarat Vs Bai Hawaben Pujajabhai Malek

M/S.H.K.Chemicals Vs M/S. Ajanta Chemicals a Partnership Firm

Metro Appliances, Vs State Bank of Saurashtra