BABUBHAI MERABHAI CHAMTHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR No.11197057211159 of 2021 registered with Waghodiya Police Station, District: Vadodara for offence under Ss. 8(C) , 20(b)(ii) B, 29 of the Narcotic Drugs and Psychotropic Substances Act (for short "the NDPS Act ").

(2.) It is pertinent to note that earlier bail application filed by the applicant was rejected on merits by this Court vide order dtd. 6/12/2021 and the same order is not challenged by the applicant before the appropriate forum and despite of the fact that the applicant has straightway preferred the present application.

(3.) Learned advocate appearing on behalf of the applicant has submitted that the applicant has innocent and has not committed any offence and even the trial is not commenced. He has submitted that the applicant is in jail since 16/6/2021 and other co-accused, who were in possession of contraband articles, came to be released on bail by the Coordinate Bench of this Court vide order dtd. 1/12/2021 passed in Criminal Misc. Application No.17799 of 2021 and vide order dtd. 9/12/2021 passed in Criminal Misc. Application No.15995 of 2021. He has further submitted that the applicant is impleaded in the alleged offence on the basis of the statement of the co-accused. He has submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.