1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent – State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11216025220040 of 2022 registered with Santej Police Station, District– Gandhinagar for offence under Sections 65(a)(e), 81, 83, 98(2) of the Prohibition Act.

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent - State has opposed grant of regular bail looking to the nature and gravity of the offence.

5. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

7. This Court has considered following aspects:

(a) The investigation is over and the charge-sheet has been filed.

(b) The present applicant is in jail since 02.02.2022.

(c) Considering the version of the FIR as well as the charge-sheet papers, it transpires that the role of the present applicant is that of a labourer.

(d) Keeping in mind that there are no antecedents reported against the present applicant and the offences are predominantly Magistrate triable and thereby, the trial may take its own course.

(e) No fruitful purpose would be achieved by keeping the present applicant behind bars during the pendency of the trial, as there is no recovery and/or discovery to be made. Also, no custodial interrogation is required to be done. Therefore, the present applicant deserves to be enlarged on bail. In the facts and circumstances of the present case, I am inclined to consider the case of the applicant.

8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40 [LQ/SC/2011/1492] .

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.11216025220040 of 2022 registered with Santej Police Station, District– Gandhinagar on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present 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 concerned trial court;

[g] Not enter into the Gandhinagar District for a period of six months except for the purpose of marking presence before the concerned Police Station and/or attending the trial;

10. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

11. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

12. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.