The court emphasized the need to balance the rights of the accused with the seriousness of the charges, allowing bail under strict conditions to prevent tampering with evidence.

ORDER :

(M. R. MENGDEY, J.)

1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11192029240023 of 2024 registered with Koth Police Station, Ahmedabad Rural.

2. Heard learned Senior Advocate for the Applicant and learned APP for the Respondent – State.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

3. Learned Senior Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicant was driving the Auto Rickshaw from which 590 Bottles of cough syrup containing Codeine Phosphate had been recovered. The Auto Rickshaw was occupied by the other co-accused namely Pratik and there were 77 telephone calls between the present Applicant and the other co-accused Pratik prior to the present offence. Thus, there is a strong primafacie case against the present Applicant. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. At the ourtset it is required to be noted that the Applicant had earlier preferred Criminal Miscellaneous Application No. 19539 of 2024 which was allowed to be withdrawn vide order dated 17.10.2024. However, thereafter, the other co-accused namely Rajesh came to be considered for grant of bail by this Court vide order dated 21.10.2024 and thus the Applciant has filed the present Application.

5.1 As per the case of the prosecution, 590 Bottles of cough syrup were recovered from the Auto Rickshaw being driven at the relevant time by the present Applicant. It is an admitted position that the Auto Rickshaw at the relevant time was occupied by the otehr co-accused namely Pratik with contraband substance of cough syrup which were lying beneath the passenger seat of the Auto Rickshaw. Considering these aspects, the Application deserves consideration. This court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 26.04.2024.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:

(a) not directly o