TULLU @ KAIU AMAR GOUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Misc. Application preferred under Section 439 Cr.P.C. has been preferred by the applicant, who is accused of committing offences under Section 20 (B) of the N. D. P. S. Act, registered at Varachha Police Station, Surat being III-C.R No. 522 of 2012.

(2.) Learned advocate Shri B. C. Dave appearing for the applicant has fervently urged that the applicant is found to be in possession of Ganja, which is less than the commercial quantity prescribed under the law. He urged that this Court has granted, in such cases, regular bail to the concerned accused persons. He has also sought to rely upon one such order passed in Criminal Misc. Application No. 146 of 2012 rendered in case of Rajendra Golak Parida v. State of Gujarat, decided by this Court (Coram : M. D. Shah, J) on 23rd January 2012. He also urged further that the present applicant though belong to Orissa, but, since last many years, he is residing at Surat and to support his say affidavits of his brother and uncle are brought on the record of this Application. He has relied on the decision of the Apex Court to indicate that his client being from other State must not preclude the Court from granting him bail.

(3.) Learned APP Shri R. C. Kodekar appearing for the respondent-State has objected to grant of this Application on the ground that in every matter, the Court cannot rely on its earlier orders as the circumstances of each case are different and shall have to be considered in light of the offence alleged. He has expressed his concern for applicant not being available at the time of trial, as the accused is permanent resident of Orissa. He pointed out that the applicant resides in a slum area, which is also indicative of the fact that he has' no permanent abode at Surat and securing his presence at the time of trial would be a herculean task.