The court emphasized that bail is a rule and jail is an exception, prioritizing personal liberty in cases where the accused has no prior offences and the charges are not severe.

ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] 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 CR No.11191011240155 of 2024 registered with DCB Police Station, Ahmedabad City, for the offences punishable under Sections 8(C), 21(B) and 29 of the NDPS Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. The allegations against the present applicant is that on the basis of intelligence, the raid was conducted and 8.630 gram Mephedrone was found from the conscious possession of the accused Irfan and accused Irphan has given the statement that the contraband was supplied by the accused- Munawar. Applicant is arraigned as an accused on the basis of statement of co-accused. In the present case, applicant is middle man. Applicant is having no past antecedents. It is submitted that except CDR no any evidence is collected. Both are leaving in the same vicinity. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that the present applicant is involved in the offence and facing serious charges. If the applicant is released on bail, then, possibility cannot be ruled out to indulge in similar type of activity. Hence, he has requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.

[5.0] 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 his 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.

[6.0] 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) investigation is over and charge-sheet is filed;

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

(3) Applicant is behind the bars since 08.09.2024;

(4) 8.630 gram Mephedrone worth Rs.86,300/- was found from the conscious possession of the accused Irfan.

(5) the quantity of prohibited contraband is 8.630 gram Mephedrone worth Rs.86,300/-. Thus, the quantity in the present case is below the commercial quantity prescribed.

(6) the punishment prescribed may extend up to 10 years and fine upto Rs.1,00,000/-;

(7) Rigor of Section 37 of the NDPS Act would not be applicable, as the contraband involved is of intermediary quantity rather than commercial quantity;

(8) the allegations against the present applicant is that ha has played the role of middle man and alleged contraband is received fr