The court reaffirmed that 'bail is a rule and jail is exception,' granting bail based on the principle of parity with co-accused, the completion of the investigation, and the protection of personal liberty under Article 21 of the Constitution of India.

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 C.R. No. III - 08/2022 registered with ATS Police Station, Dist. Ahmedabad, for the offence under Sections 8(c), 21(c) and 29 of 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. Investigation is over and chargesheet has been filed. He has also submitted that, the applicant is not named in the FIR. Allegation against the applicant is that, from conscious possession of the applicant, contraband drug was recovered. However, on merit, it is submitted that, nothing is recovered from the conscious possession of the applicant and not only that, based on the statement of co-accused, the applicant is arraigned as an accused. It is also alleged that the applicant has received total 1 Kg. Mefedrawn narcotics substance from co-accused Bharat Chavda and Ashok Jivanlal Patel, those are already released on bail. Except this one, no any other offence is registered under the NDPS Act . He is in jail since last 19 months and considering his long incarceration, he may be enlarged on bail. 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 applicant is facing serious charges and involved in trafÏcking of narcotic drugs and he has purchased 1 Kg mefedrawn drugs from the co-accused. Therefore, it is very much establishes that the applicant is involved in the offence and if he is granted bail, possibility cannot be ruled out to indulge himself in such type of offence again. Considering the gravity of offence, application does not deserve any consideration.

[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. Following aspects have been considered:

(1) Investigation is over and chargesheet has been filed;

(2) Applicant is behind the bar since 20.06.2024;

(3) There is nothing to be recovered or discovered from the applicant;

(4) There is no possibility to conclude the trial in near future.

(5) Having no similar type of offence.

(6) Initially, his name is not mentioned in the FIR. Based on the statement of co-accused, he has been arraigned as an accused.

(7) Co-accused are enlarged on regular bail by the Hon'ble Supreme Court as well as coordinate Bench of this Court and therefore, on the ground of parity also ( Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in 2011 (3) GLR 1999), present application deserves consideration.

(8) The applicant is having two antecedents under IPC offence, however the accused is governed by presumption of innocence unless and until proved gui