SANDIP Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.11219030220100 of 2022 registered with Saputara Police Station, District Dang for the offence punishable under Ss. 8(c) , 15(b) , 20(b) and 29 of NDPS Act, 1985.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. That, applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open. If the account of the applicant is seen then no any amount has been deposited therein thus any record showing that the applicant is doing sell of ganja has not come on record and no any muddamal has been seized from the present applicant. Ultimately, it was requested by learned advocate for the applicant to allow present application.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. That, the applicant is involved in the serious offence as alleged and therefore, no leniency view would be taken in favour of the applicant while releasing him on anticipatory bail. That the applicant is having native of Maharashtra and if he is released on anticipatory bail then there is every possibility that he will not cooperate in the investigation. Ultimately, it was submitted by learned APP for the respondent-State to reject present application.