Gujarat High Court
Rajkumar Shankarlalji Salvi vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/9281/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9281 of 2026
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RAJKUMAR SHANKARLALJI SALVI
Versus
STATE OF GUJARAT
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Appearance:
MR PRAMODKUMAR C GEHLOT(13266) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 11/05/2026
ORAL ORDER
1. Heard learned advocate Mr. P. C. Gehlot appearing on behalf of the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri 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.11200010230573 of 2023 registered with Valsad Town Police Page 1 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon May 11 2026 Downloaded on : Mon May 11 22:29:52 IST 2026 NEUTRAL CITATION R/CR.MA/9281/2026 ORDER DATED: 11/05/2026 undefined Station, District Valsad for the offence punishable under Sections 8(C), 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
4. This Court had called for the progress of the trial from the concerned Special Court at Valsad. On perusing the said report forwarded by the concerned competent Court, it is revealed that, after the charge was framed on 06.09.2023, till date only 5 witnesses have been examined by the said Court. It is also mentioned in the report that, though summons had been issued to the FSL Officer, which was also served to him, however, he had not remained present before the Court. It is pertinent to observe that, the Co-ordinate Bench of this Court vide order dated 13.07.2025 had observed that, if the trial would not conclude within a period of 6 months, the applicant herein would have liberty to approach this Court.
5. 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 Page 2 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon May 11 2026 Downloaded on : Mon May 11 22:29:52 IST 2026 NEUTRAL CITATION R/CR.MA/9281/2026 ORDER DATED: 11/05/2026 undefined is further submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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.
6. Learned advocate for the applicant upon instructions submits that, though the applicant is a permanent resident of district:
Udaipur, Rajasthan, he would not leave the geographical limits of State of Gujarat, till the completion of the trial.
7. 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 discretion in favour of the applicant and the application may be dismissed.
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NEUTRAL CITATION R/CR.MA/9281/2026 ORDER DATED: 11/05/2026 undefined
8. I have heard learned advocates appearing on behalf of the respective parties and perused the chargesheet papers. Following aspects are considered:-
i. Though the applicant is a permanent resident of Rajasthan, he would not leave the State of Gujarat and would be available at the time of trial;
ii. The investigation being over and chargesheet has been filed; iii. The applicant is in judicial custody since 05.04.2023; iv. The fact that, after the charge having been framed on 06.09.2023, till date, only 5 witnesses have been examined, hence, the ground of delay and the trial not having substantially progressed, is considered;
v. The apprehension of learned APP, as regards the applicant indulging in similar kind of offence, if granted bail, can be put to rest by imposing strict conditions;
9. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Page 4 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon May 11 2026 Downloaded on : Mon May 11 22:29:52 IST 2026 NEUTRAL CITATION R/CR.MA/9281/2026 ORDER DATED: 11/05/2026 undefined Bureau of Investigation reported in [2012] 1 SCC 40.
10. 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.
11. 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.11200010230573 of 2023 registered with Valsad Town Police Station, District Valsad, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two local sureties 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;
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NEUTRAL CITATION R/CR.MA/9281/2026 ORDER DATED: 11/05/2026 undefined [c] surrender his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] not leave the State of Gujarat without prior permission of the Competent Court concerned;
[e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court;
[f] mark his presence on once a week before the concerned police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the police station.
12. 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 at liberty to take appropriate action in Page 6 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon May 11 2026 Downloaded on : Mon May 11 22:29:52 IST 2026 NEUTRAL CITATION R/CR.MA/9281/2026 ORDER DATED: 11/05/2026 undefined accordance with law.
13. Bail bond to be executed before the trial 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.
14. At the stage of trial, the competent 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 enlarging the applicant on regular bail.
15. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) KAJAL Page 7 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Mon May 11 2026 Downloaded on : Mon May 11 22:29:52 IST 2026