ORAL ORDER

1. Heard learned advocate Mr. A. A. Pathan appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Soaham Joshi appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. 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.11995001250036 of 2025 registered with State Monitoring Cell Police Station, District Gandhinagar for the offence punishable under Sections 8(c), 22(c) and 29 of the NDPS Act, 1985.

4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the chargesheet papers. Following aspects are considered:-

i. The applicant is a permanent resident of Mahisagar district, hence would be available at the time of trial;

ii. The are no criminal antecedents against the applicant;

iii. As per the prosecution case, the applicant was the supplier of the alleged contraband Mephedrone drug weighing 146.46grms. Which is of commercial quantity, to the accused No.1 Mohmad Aspak @ Dashi Mohmad Hanif;

iv. The investigation being over, charge-sheet has been filed;

v. Learned advocate for the applicant has drawn the attention of the Court, towards the charge-sheet papers, which has been annexed with the application from wherein, it transpires that the accused No.1 Mohmad Aspak @ Dashi Mohmad Hanif had disclosed before the investigating officer the name of the accused No.2 i.e. the present applicant, as supplier of the Mephedrone drug however, thereafter, had changed his version and had stated that, he had brought the alleged contraband Mephedrone from a person name Shahrukh, a resident of Udaipur – Rajasthan.

vi. The apprehension of the learned APP, as regards the applicant would indulge in similar or such offence, if granted bail can be put to rest by imposing suitable stringent conditions;

7. This Court has 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.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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.

9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No.11995001250036 of 2025 registered with State Monitoring Cell Police Station, District Gandhinagar, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one 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;

[c] surrender his pas