Hanif Bilal Dal Vagher Vs. State of Gujarat - Court Judgment

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL

MISC.APPLICATION No. 13004 of 2011

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

HANIF

BILAL DAL VAGHER - Applicant(s)

Versus

STATE

OF GUJARAT - Respondent(s)

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

Appearance :
MR

KANDRAP H DHOLKIA for

Applicant(s) : 1,
MR KL PANDYA, LD. ADDL. PUBLIC PROSECUTOR for

Respondent(s) : 1,
=========================================

Date

: 07/10/2011

ORAL

ORDER

1. By

   way of present application, filed under Section 439 of the Code of

   Criminal Procedure, 1973, the applicant has prayed to release him on

   regular bail in connection with CR No.II-78 of 2011 registered with

   City B Division Police Station, Jamnagar for the offence punishable

   under Section 20(B) of the NDPS Act.

2. Heard

   Mr.Kandarp Dholakia, learned counsel for the applicant and Mr.K.L.

   Pandya, learned Additional Public Prosecutor for respondent-State.

3. Mr.Dholakia,

   learned counsel for the applicant, has contended that the applicant

   is innocent and has not committed any offence as alleged against

   him. He has also contended that no prima-facie case is made out

   against the applicant. He has further contended that the contraband

   substance was recovered from below the seat of rickshaw. The

   applicant is just a passenger sitting in the rickshaw. Nothing is

   recovered from the possession of the applicant. He has further

   contended that the investigating agency has wrongly booked the

   present applicant. He, therefore, contended that looking to the

   facts of the case and overall circumstances, applicant may kindly be

   released on bail.

4. Heard

   Mr.K.L. Pandya, learned Additional Public Prosecutor and also

   perused papers. It appears from the papers that the applicant was

   simply a passenger. No contrabands are recovered or seized from the

   actual physical possession of the applicant.

5. In

   the facts and circumstances of the case and considering the nature

   of allegations and role attributed to the applicant and now the

   charge-sheet is filed, this Court is of the opinion that this is a

   fit case to exercise the discretion to enlarge the applicant on

   bail.

6. Hence,

   the applicant is ordered to be released on bail in connection with

   CR No.II-78 of 2011 registered with City B Division Police Station,

   Jamnagar, for the offence alleged against him in this application on

   his executing a bond of Rs.10,000/- (Rupees ten thousand only) with

   one solvent surety of the like amount to the satisfaction of the

   trial Court and subject to the conditions that he shall -

a) not

take undue advantage of his liberty or abuse his liberty;

b) not

to try to tamper or pressurise the prosecution witnesses or

complainant in any manner;

c) maintain

law and order and should cooperate the Investigating Officer;

d) not

act in a manner injurious to the interest of the prosecution;

e) mark

his presence before the Investigating Officer on every 15^th

day of each English calendar month between 09.00 hours and 14.00

hours;

f) not

leave the State of Gujarat without prior permission of the Sessions

Judge concerned;

g) furnish

the address of his 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;

h) surrender

his passport, if any, to the lower Court within a week.

7. If

   the breach of any of the above conditions is committed, the

   concerned Court will be free to issue warrant or take appropriate

   action in the matter.

8. Bail

   before the lower Court having jurisdiction to try the case. It would

   be open to the trial Court concerned to give time to furnish the

   solvency certificate if prayed for. Rule is made absolute.

Direct

service is permitted.

(Z.

K. Saiyed, J)

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