The court emphasized that bail is the rule and jail is the exception, particularly when the accused has no prior criminal record and the charges do not warrant stringent bail conditions.

ORDER :

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11994001240511 of 2024 registered with Ahmedabad Railway Police Station, Ahmedabad City for the offences under Sections 8(C), 20(b)(ii)B and 29 of the  Narcotic Drugs and Psychotropic Substances Act.

3. Learned advocate appearing on behalf of the applicant submits that applicant was caught red handed along with co-accused jointly with 16.255 kg of Ganja while he was transporting the said contraband in Puri-Gandhidham Train and said quantity is intermediate quantity and therefore, rigors of section 37 of the NDPS Act would not be applicable in the present case. Further, the charge-sheet has been filed and therefore also, nothing is required to be recovered or discovered from the present applicant. Similarly situated co-accused is enlarged on bail by this Court. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions on the ground of parity.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application on the ground that applicant hails from Orissa and possibility of fleeing from justice cannot be ruled out if granted regular bail. Further, merely charge-sheet is filed is not a ground to grant regular bail to the present applicant. Hence, he has requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.

5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of her abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, the investigation is over and charge-sheet has been filed. Following aspects have been considered:

(1) Applicant is not having any past antecedent;

(2) Investigation is over and charge-sheet is filed;

(3) Applicant is caught red handed with intermediate quantity of Ganja i.e. 16.255 kg and therefore, rigors of section 37 of the NDPS Act would not be applicable;

(4) Nothing is required to be recovered or discovered from the present applicant;

(5) None of the offence alleged is punishable with life sentence or death penalty;

(6) Applicant is behind the bars since 09.09.2024;

(7) Decision of Hon’ble Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1.

(8) the co-accused is already released on bail by this Court. Hence, on the ground of parity, the present application deserves consideration. Considering the decision rendered in case of Rameshbhai Batubhai Dabhi vs. State of Gujarat reported in (1999) 3 GLR 1150, on the ground of parity, the present application deserves consideration;

6.1 It is also pertinent to note that the rigors under section 37 of the NDPS Act would be applicable to a person who is involved in offence concerning commercial quantity or charged with an offence under Sections 19, 24 or 27A of the NDPS Act, wh