The court granted bail based on the lack of trial progress and the applicant's custody duration, emphasizing the need for conditions to prevent misuse of liberty.

ORDER :

(M.R. MENGDEY, J.)

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

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11210015200085 of 2020 registered with DCB Police Station, Surat

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the present applicant had actively participated in commission of the offence in question. The quantity of contraband substance involved in the present offence is 564 kg of Ganja, which is a commercial quantity, and therefore, the rigors of Section 37 of the NDPS Act would come into play. He further submitted that there are all chances, if the applicant is ordered to be enlarged on bail, he may not be available for the purpose of trial. He, therefore, submitted to dismiss the present application.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. The applicant has been arrested in connection with the present offence on 23.09.2020 and since then the applicant is in custody. This Court, vide order dated 20.02.2025 had directed the concerned learned Trial Court to submit its report as regard the current status of trial. The report submitted by the concerned Trial Court pursuant thereto indicates that the trial has not progressed any further and the documentary evidence list was produced by prosecution only recently in the month of February-2025 and the other co-accused, who have been considered for grant of temporary bail have absconded. The other co-accused viz. Basant Yudhishtir Swai has been considered for grant of bail by the coordinate bench of this Court. The role attributed to the said co-accused is similar to the present applicant.

6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail, on executing a personal bond of Rs.25,000/- (Rupees Ten Thousand only) with one local 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 liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present 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 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.

10. Bail bond to be executed before