R/CR.MA/8231/2025 ORDER DATED: 02/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 8231 of 2025 ========================================================== RANJITBHAI JEMATSINH BARIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR D V KANSARA(7498) for the Applicant(s) No. 1 MR.SAFWANKHAN M SINDHI(9889) for the Applicant(s) No. 1 MS CM SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 02/05/2025 ORAL ORDER 1. This successive bail application on the ground of delay in trial proceedings is being preferred by the applicant accused in connection with the FIR being Part-B C.R. No.11207055210689 of 2021 registered with Rajgadh Police Station, Tal: Gogambha, Dist.: Panchmahal, for the offences punishable under Section 20(a) of the NDPS Act. 2. The facts of the prosecution case are that on 08.11.2021, the police official of SOG, Panchmahal received information that the accused herein resident of Village Rajgadh is cultivating cannabis plants (ganja) in his field. The information was cross-checked by the officer. The raid was planned and as per the raid, the plant of cannabis in number 40 admeasuring 79.79 kilograms was found in the R/CR.MA/8231/2025 ORDER DATED: 02/05/2025 field of the accused. In this view of the matter, pursuant to the FIR, and upon completion of the investigation, the case proceeded against the accused. The accused was arrested on 09.11.2021 and after committal the case was culminated into sessions case no.1 of 2022. 3. Mr.D.K. Kanjsara, learned counsel for and on behalf of the accused, has submitted that since 2021, the Court could examine only one witness and there is no possibility of trial likely to be completed in a near future and due to undue delay, and without any fault on the part of the accused, his right as enshrined under Article 21 of the Constitution of India has been violated. Thus, he would urge that by imposing appropriate conditions, the applicant may be enlarged on bail. 4. Opposing the application, learned APP Ms.C.M. Shah would urge that since the applicant has been found in the possession of the commercial quantity of the contraband and keeping in view of restrictions imposed by Section 37 f the NDPS Act, no case for grant of bail is made out. 5. In the facts of the present case, the applicant was apprehended on 09.11.2021 and his incarceration period R/CR.MA/8231/2025 ORDER DATED: 02/05/2025 is almost 3 years and more and till date, the Trial Court could not examine the necessary witnesses and case proceedings tendered by learned counsel shows that during the period of three years, the Court could examine only one witness. In such circumstances, there is no fault on the part of the accused for the delay. Recently, the Supreme Court has, time and again, held and observed that the prolonged incarceration generally militates against the most precious fundamental rights guaranteed under Article 21 of the Constitution of India and in a such situation, the conditional liberty must over-right the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act (Rabi Prakash Vs. State of Orrissa (2023 SCC Online 1109)). 6. In light of the above, and there is no immediate proceedings of trial being completed in near future and having regard to the period of incarceration of the accused, it would not be prudent to keep him behind the bars for indefinite period and therefore, in such circumstances, without entering into the merits of the case, I am inclined to enlarge the applicant on regular bail. Page 3 of 5 R/CR.MA/8231/2025 ORDER DATED: 02/05/2025 7. Hence, the bail application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being Part-B C.R. No.11207055210689 of 2021 registered with Rajgadh Police Station, Tal: Gogambha, Dist.: Panchmahal, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall: No. Conditions (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injuries to the interest of the prosecution; (c) surrender passport, if any, to the lower court within a week; (d) not leave India without prior permission of the Sessions Judge concerned; (e) furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court; R/CR.MA/8231/2025 ORDER DATED: 02/05/2025 8. The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct Service is permitted. (ILESH J. VORA,J) Rakesh Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 03/05/2025 12:29:54