Gujarat High Court
Arjun Mahendrabhai Chauhan vs State Of Gujarat on 22 September, 2022
Bench: Ilesh J. Vora
R/CR.MA/8592/2022 ORDER DATED: 22/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8592 of 2022
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ARJUN MAHENDRABHAI CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR A.A. ZABUAWALA, ADVOCATE FOR MS. NAYNAVATI S
JETHVA(10030) for the Applicant(s) No. 1
MRS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 22/09/2022
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on
behalf of respondent State. By consent, Rule is fixed forthwith.
2. The applicant, by way of this application filed under
Section 439 of the Code of Criminal Procedure, seeks regular
bail in connection with the FIR being C.R.
No.11213015220110 of 2022 registered with Gondal
City Police Station, Dist. Rajkot Rural, for the offences
punishable under Sections 8(c), 20(B)II(c) and 29 of the
Narcotic Drugs and Psychotropic Substances Act.
3. As per the case of prosecution, commercial quantity of
narcotic substance being "Ganja" weighing 25 kilogram
recovered from principal accused namely Khushiram Meena.
Pursuant to the statement of the accused Khushiram Meena, it
was revealed that, the alleged contraband narcotic substance
R/CR.MA/8592/2022 ORDER DATED: 22/09/2022
was to be given to the present applicant. In such
circumstances, FIR came to be lodged against Khushiram
Meena and thereafter, the applicant herein has been
apprehended and finally, he has been charge-sheeted.
4. Mr. A.A. Zabuawala, learned advocate for Ms. Naynavati
Jethva, learned advocate for the applicant submitted that, the
applicant was not present at the place and he has been
apprehended in the alleged offence on the basis of statement
of co-accused. In support of his contention, he relied upon the
judgment rendered in case of Tofan Singh vs. The State of
Tamil Nadu reported in (2021) 4 SCC 1, to submit that,
confessional statement of the accused in inadmissible in the
trial of an offence under the provisions of N.D.P.S. Act. He
further submitted that, the applicant does not have any past
criminal record of like nature and therefore, discretion may
kindly be exercised in his favour.
5. Opposing the bail application, Mrs. Krina Calla, learned
APP for the respondent-State submitted that, looking to the
quantity of the seized contraband narcotic substance, the
rigors of Section 37 of the N.D.P.S. Act would be applicable
to the facts of the present case and therefore, no case is made
out for exercising discretion in favour of the applicant.
6. Heard at length Mr. A.A. Zabuawala, learned advocate for
Ms. Naynavati Jethva, learned advocate for the applicant and
Mrs. Krina Calla, learned APP for the respondent-State.
7. Having heard learned advocates appearing for the
R/CR.MA/8592/2022 ORDER DATED: 22/09/2022
respective parties and upon perusal of the material placed on
record in the form of charge-sheet, it appears that, according
to the case of prosecution, the contraband narcotic substance
was recovered from principal accused Khushiram Meena. The
record indicates that, pursuant to the statement of accused
Khushiram Meena, the name of the applicant has been
disclosed in the alleged offence and accordingly, he has been
apprehended in the alleged offence. It is no doubt true that,
the applicant having past criminal history of prohibition case
registered at different police stations, but, he was never
involved in such kind of offences and it is the first offence
registered against him. In such circumstances, in light of the
principle laid down by the Apex Court in case of Tofan Singh
vs. The State of Tamil Nadu reported in (2021) 4 SCC 1
and considering the role attributed to the present applicant, I
am inclined to release the applicant on bail.
8. Hence, present application is allowed and the applicant is
ordered to be released on regular bail in connection with the
FIR being C.R. No.11213015220110 of 2022 registered
with Gondal City Police Station, Dist. Rajkot Rural, on
executing a personal bond of Rs.10,000/- (Rupees Ten
thousand only), with one surety of the like amount to the
satisfaction of the learned Trial Court and subject to the
conditions that he shall;
No. Conditions
(a) not take undue advantage of liberty or misuse
liberty;
R/CR.MA/8592/2022 ORDER DATED: 22/09/2022
(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 India 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
the trial Court;
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 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 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 to the aforesaid extent. Direct
service is permitted.
(ILESH J. VORA,J)
TAUSIF SAIYED
