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HIGH COURT OF GUJARAT
MRM
AZHARUDDIN @ AZHAR SHAHBUDDIN SHEIKH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.III/90/2019 registered with D.C.B. Police Station, Ahmedabad City District:Ahmedabad City for the offences punishable under Sections 8(C), 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
2. Heard learned advocate Mr.Aniq Qadri appearing for the applicant and learned APP Mr.Krutik Parikh for the Respondent – State.
3. Learned advocate for the applicant submitted that the present offence came to be registered against the present applicant on 16.11.2019 and the applicant came to be arrested for the said offence on 16.11.2019 itself. Thereafter, the investigation of the offence got over and charge-sheet came to be filed. The present applicant has undergone incarceration for almost five years. However, there is no progress in the trial.
3.1 He submitted that the other co-accused namely Mohammad Firoz alias Chor Mohammad Hanif Sheikh had approached this court for grant of regular bail. However, the said application of the co-accused came to be dismissed by
Prolonged incarceration does not automatically justify bail if the applicant poses a flight risk and the trial is nearing completion.
Prolonged incarceration and incomplete trial justify granting bail under the Narcotic Drugs Act, subject to conditions.
The court denied bail due to insufficient evidence linking the applicant to the crime and previous misuse of temporary bail.
The court may grant bail if the evidence does not establish a prima facie case against the applicant, despite serious charges.
A successive bail application must demonstrate a change in circumstances to be considered; otherwise, it may be dismissed.
Conscious possession of contraband established; breach of procedure insufficient for bail under NDPS Act.
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