HAMDAM DILBARKHAN MAHENDRAKHAN MEHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Leaned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present successive bail application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being CR No. I- 11210015210142 of 2021 registered with DCB Police Station, Surat City for the offence punishable under Ss. 8(C) , 22(C) and 29 of the NDPS Act.

(3.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. That, earlier the applicant has approached this court by way of Criminal Misc. Application No. 24046 of 2022 with a request to release him on bail but vide order dtd. 3/1/2023, he was permitted to withdraw such application. That, investigation of the present offence has been completed and the investigating officer has filed charge sheet against the present applicant. That, co-accused namely Krishnadutt Sureshchandra Dubey Dvivedi has been released by the coordinate bench of this court vide order dtd. 16/2/2022 in Criminal Misc. Application No. 1175 of 2022 and on the ground of parity, the case of the present applicant for releasing on bail may be considred. Ultimately, it was requested by learned advocate for the applicant to allow present application.