Gujarat High Court
Sohilsha S/O. Daudsha Abbassha Fakir vs State Of Gujarat on 16 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/8222/2026 ORDER DATED: 16/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 8222 of 2026
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SOHILSHA S/O. DAUDSHA ABBASSHA FAKIR
Versus
STATE OF GUJARAT
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Appearance:
MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 16/04/2026
ORAL ORDER
1. Heard learned advocate Mr.M.M.Barejia appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Trupesh Kathiriya appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. 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 FIR being C.R. No. 11192008250514/2025 registered with Bavla Police Station, Ahmedabad Rural for the offence punishable Page 1 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Apr 16 2026 Downloaded on : Thu Apr 16 21:46:37 IST 2026 NEUTRAL CITATION R/CR.MA/8222/2026 ORDER DATED: 16/04/2026 undefined under Sections 8(C), 21(c), 29 of the NDPS Act.
4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge- sheet is filed no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
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NEUTRAL CITATION R/CR.MA/8222/2026 ORDER DATED: 16/04/2026 undefined i. The allegation being that the accused had transacted in prohibited contraband - cough syrup containing codeine phosphate - 273 bottles.
ii. The same not being recovered from the conscious possession of the present applicant. iii. The person from whose conscious possession the bottles were recovered, having been considered for enlargement on regular bail by this Court vide order dated 13.04.2026 in Criminal Misc. Application No.8404/2026. iv. The fact of the present applicant alleged to be the supplier and whereas, it appears in this regard that the present applicant is not the owner of any medical store etc. and whereas, the allegation of supply also probably stems from the statement of the co-accused which obviously not being the part of the charge-sheet. v. The fact of the applicant not having any antecedent whatsoever, in custody since 10.12.2025 and the charge- sheet having been filed.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in Page 3 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Apr 16 2026 Downloaded on : Thu Apr 16 21:46:37 IST 2026 NEUTRAL CITATION R/CR.MA/8222/2026 ORDER DATED: 16/04/2026 undefined [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11192008250514/2025 registered with Bavla Police Station, Ahmedabad Rural, on executing a bond of Rs.25,000/- (Rupees Twenty Five 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 State of Gujarat without prior permission Page 4 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Apr 16 2026 Downloaded on : Thu Apr 16 21:46:37 IST 2026 NEUTRAL CITATION R/CR.MA/8222/2026 ORDER DATED: 16/04/2026 undefined of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.;
[f] mark presence once a month for a period of six months before the concerned police station.
9. The Authorities 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 Court concerned will be free to take appropriate action in the matter.
10. 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 stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released Page 5 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Apr 16 2026 Downloaded on : Thu Apr 16 21:46:37 IST 2026 NEUTRAL CITATION R/CR.MA/8222/2026 ORDER DATED: 16/04/2026 undefined on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 6 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Apr 16 2026 Downloaded on : Thu Apr 16 21:46:37 IST 2026