Allowed

Kalusinh Javansinh Rajput v. State of Gujarat

Gujarat HC1 Feb 2021CR.MA/904/2021

Case brief

AI extract

What is this about?

The Gujarat High Court granted regular bail to an applicant accused of trafficking ganja under the NDPS Act. The court considered factors like the co-accused's bail, investigation closure, and lack of criminal antecedents. Bail was subject to stringent conditions including periodic police appearance.

What did the court decide?

The applicant is ordered to be released on regular bail on executing a personal bond of Rs.10,000 with one local surety of the like amount and complying with specified conditions.

Kalusinh Javansinh Rajput Vs State of Gujarat — Narcotics (NDPS) | Gujarat HC (2021)

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R/CR.MA/904/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 904 of 2021

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========================================================== KALUSINH JAVANSINH RAJPUT

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Versus STATE OF GUJARAT

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

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MR. HARDIK K RAVAL(6366) for the Applicant(s) No. 1 MS. MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 01/02/2021

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ORAL ORDER

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[1] Heard Mr. Hardik Raval, learned advocate for the applicant and Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

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[2] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.11209020201326 of 2020 registered with Idar Police Station, District: Sabarkantha for the offences punishable under Sections 8(c), 20(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act.

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[3] Learned advocate appearing for the applicant submits that the charge-sheet has already been filed. He has further submitted that the accused is in jail since 22.9.2020. He has also submitted that the present applicant is implicated on the basis of the statement of the co-accused. According

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R/CR.MA/904/2021 ORDER

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to him, the other co-accused has been enlarged on bail on medical ground. He has submitted that 3.977 kg quantity of Ganja has been seized in the said offence but nothing is found from his possession. He has further submitted that there is no criminal antecedent against the applicant and the applicant will abide by all the conditions imposed upon by this Hon'ble Court. He has prayed that this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.

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[4] Ms. Moxa Thakkar, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail on the grounds that the other accused was enlarged on bail on medical ground. She has further submitted that considering the seriousness of the offence under the NDPS Act, the Hon'ble Court may not exercise its jurisdiction.

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[5] Having heard the learned advocates for the parties and 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.

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[6] This Court has considered following aspects;

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(i) That other co-accused is enlarged on bail;

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R/CR.MA/904/2021 ORDER

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(ii) The fact that the accused is in jail since 22.09.2020;

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

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(iv) No necessity of custodial interrogation;

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(v) the quantity of Ganja being 3.997 kg which was seized from the possession of main accused;

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(vi) the entire case is based on statement of the coaccused;

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(vii) The assurance given by the learned advocate for the applicant that the applicant will abide by all the conditions which may be imposed by the Court.

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[7] 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 ;

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[8] 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.11209020201326 of 2020 registered with Idar Police Station, District: Sabarkantha , on executing a personal bond of Rs.10,000/(Rupees Ten Thousands 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;

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

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

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R/CR.MA/904/2021 ORDER

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[c] surrender his 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 concerned Trial Court;

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[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.;

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[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;

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[9] 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 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

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R/CR.MA/904/2021 ORDER

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accordingly.

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[10] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned advocate for the applicant is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

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(DR. A. P. THAKER, J)

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SAJ GEORGE

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Kalusinh Javansinh Rajput v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Kalusinh Javansinh Rajput v. State of Gujarat

Case brief

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What did the court decide?

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