Gujarat High Court
Vipulbhai Vishnubhai Rajput vs State Of Gujarat on 8 August, 2022
Bench: Ilesh J. Vora
R/CR.MA/10445/2022 ORDER DATED: 08/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10445 of 2022
==========================================================
VIPULBHAI VISHNUBHAI RAJPUT
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR V B MALIK(5071) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 08/08/2022
ORAL ORDER
1. Heard learned counsel for the applicant and learned APP for
the Respondent State.
2. This bail application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with an FIR being
C.R.No. 11196012211233 of 2022 registered with Fatehganj
Police Station, Dist. Vadodara City, for the offence under the
provisions of the NDPS Act.
3. It is the submissions of learned counsel for the applicant that he
is suffering confinement since 03.01.2022. Considering the role of
the applicant, the applicant may be enlarged on regular bail by
imposing suitable conditions.
4. Learned APP has opposed the bail application contending that
considering the conduct of the applicant and nature of accusation,
discretion may not be exercised in favour of the applicant.
5. Upon perusal of the chargesheet case papers, it appears that
the raiding party seized intermediate quantity of ganja weighing
1.177 kgs. from conscious possession of the principal accused. So
R/CR.MA/10445/2022 ORDER DATED: 08/08/2022
far role of the applicant is concerned, he has been apprehended on
the basis of the statement of co-accused as he was supplier of the
contraband substance. This Court is of the view that, considering
the facts and circumstance of the case, case is covered by the Aped
Court's judgment rendered in the case of Tofan Singh Vs. State
of Tamil Nadu [2013 (16) SCC 31]. In view of the above and
considering the role of the applicant, application deserves
consideration.
6. Hence, 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. 11196012211233 of 2022 registered with
Fatehganj Police Station, Dist. Vadodara City on executing a
personal bond of Rs.10,000/- (Rupees Ten thousands only) with one
surety of the like amount to the satisfaction of the learned Trial
Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
[e] 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 this Court;
7. 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 Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter. Bail bond to be executed before the learned Lower Court
R/CR.MA/10445/2022 ORDER DATED: 08/08/2022
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. Nothing stated hereinabove, shall tantamount
to the expression of any opinion on the merits of this case. Rule is
made absolute to the aforesaid extent.
Direct service is permitted.
(ILESH J. VORA,J)
SUCHIT
