Gujarat High Court
Mohammad Sahajat Sk S/O Sonaruddin Sk vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.MA/7297/2025 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7297 of 2025
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MOHAMMAD SAHAJAT SK S/O SONARUDDIN SK
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AMIT D SHAH(11232) for the Applicant(s) No. 1
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 2
MR TRUPESH KATHERIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 21/07/2025
ORAL ORDER
1. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on regular bail in connection with F.No.NCB/AZU/CR-11 of 2022 registered with NCB Police Station, Ahmedabad for the offences punishable under Sections 8(c), 22(c), 27A, 28, 29, 30, 35, 54(a), 54(c) and 54(d) of the Narcotics Drugs and Psychotropics Substances Act, 1985.
2. Heard learned Advocate Dr. Khusbhu Vyas appearing on behalf of Mr. Amit D. Shah for the applicant. She submitted that the present applicant has been arrested in connection with the present offence on 05.06.2022 and since then he is in custody. Thus, the applicant has undergone incarceration for a period of Page 1 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:05:58 IST 2025 NEUTRAL CITATION R/CR.MA/7297/2025 ORDER DATED: 21/07/2025 undefined more than three years. She further submitted that the applicant was merely working as a watchman at the premises from which the contraband substance had been recovered. Except these, no other overact had been attributed to the present applicant. She further submitted that the other co-accused had approached the Hon'ble Apex Court and the Hon'ble Apex Court had been pleased to consider his case for grant of bail on the ground of medical conditions. She, therefore, submitted that to allow the present application and enlarge the applicant on regular bail subject to suitable conditions. The learned Advocate appearing for the applicant has sought to rely upon the following judgments in support of her submissions :-
1) Pinkesh @ Pinko Shantilal Patel V/S State of Gujarat (2025 LawSuit(SC) 530)
2) Sabir Shaikh V/S State of Gujarat & Anr. (2024 LawSuit(SC) 1275)
3) Vivek Patel V/S State of Gujarat & Anr. (2025 LawSuit(SC) 756)
4) Anjumbanu Rizwan Memon V/S State of Gujarat (2025 LawSuit(SC) 540)
5) Hemaram Dhanaram Devasi V/S State of Gujarat (2025 LawSuit(SC) 521)
6) Imran Abdulrashid Shaikh V/S State of Gujarat (2024 LawSuit(SC) 1272)
7) Rabi Prakash V/S The State of Odisha (2023 LiveLaw(SC) 533)
8) Sangram Sadashiv Suryavanshi V/S The State of Maharashtra (2024 0 Supreme(SC) 1134) Page 2 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:05:58 IST 2025 NEUTRAL CITATION R/CR.MA/7297/2025 ORDER DATED: 21/07/2025 undefined
9) Bharat Chaudhary V/S Union of India (LL 2021 SC
733)
10) Yash Jayeshbhai Champaklal Shah V/S State of Gujarat (2022 1 Crimes(SC) 344)
11) Tapas Kumar Palit V/S State of Chhattisgarh (2025 LawSuit(SC) 228)
12) Vishal V/S State of Uttar Pradesh (2025 LawSuit(SC)
630)
13) Rajan @ Pappu Trinath Gouda V/S State of Gujarat in Criminal Misc. Application No. 8032 of 2025, Order dated 12.06.2025
14) Khurshid Ahmed @ Pudibaba Ahmednur Sailani V/S State of Gujarat (2024 LawSuit(Guj) 2398)
15) Veeramani @ Anna @ Pandurang Andyapan @ Karuppasami Andyapan V/S State of Gujarat (2024 LawSuit(Guj) 2395)
16) Abdul Rab V/S Narcotics Control Bureau in Bail Application No.3023 of 2024, Order dated 20.01.2025
17) Vikramjit Singh V/S Narcotics Control Bureau in Bail Application No.4268 of 2024, Order dated 14.01.2025
18) Re V/S State of Andhra Pradesh (2021 (0) AIJEL-SC 67305)
3. Learned Advocate Mr. Harsheel D. Shukla appearing for the respondent - NCB has opposed the application contending that the other co-accused had approached this Court as well as the Hon'ble Apex Court and the applications were withdrawn from this Court and from the Hon'ble Apex Court also. Learned advocate has therefore, submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.
4. Learned advocate APP has opposed the present application Page 3 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:05:58 IST 2025 NEUTRAL CITATION R/CR.MA/7297/2025 ORDER DATED: 21/07/2025 undefined contending that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.
5. Heard learned Advocates for the parties. From the record, it appears that the contraband substance of Alprazolam/ Nordazepam worth 68 kgs had been found from the premises. The applicant along with other co-accused was involved in manufacture of said substance. The other co-accused namely Rahul SK had approached the Hon'ble Apex Court against the order of this Court dismissing the bail application. The Hon'ble Apex Court dismissed the SLP and directed the Trail Court to conclude the trail within one year.
6. Having regard to these aspects, no case is made out. Hence, the present application is dismissed.
(M. R. MENGDEY,J) AHS Page 4 of 4 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:05:58 IST 2025