Gujarat High Court
Umedbhai Maganbhai Patel vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/11168/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 11168 of 2026
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UMEDBHAI MAGANBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR ADIL R MIRZA(2488) 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 : 12/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor 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.11200011260322 of 2026 registered with Valsad Rural Police Station, Dist. Page 1 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:14:49 IST 2026
NEUTRAL CITATION R/CR.MA/11168/2026 ORDER DATED: 12/05/2026 undefined Valsad, for the offence under Sections 8(c), 20(b)(ii)B and 29 of 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, 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.
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 discretion in favour of the applicant and the application may be dismissed.
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NEUTRAL CITATION R/CR.MA/11168/2026 ORDER DATED: 12/05/2026 undefined
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant is a permanent resident of Valsad District, hence would be available at the time of trial; ii. Investigation is over and charge-sheet has been filed;
iii. The co-accused Ramchandra Banamar Patra, who was the supplier of the alleged contraband ganja weighing 1.478 kilo grams, which is of intermediate quantity, is considered by the co-ordinate bench of this court, vide order dated 07.05.2026 in criminal misc. application no. 11012 of 2026.
iv. Learned APP has submitted that, apart from one previous antecedent registered with aforesaid police station, the applicant also has one antecedent, which was registered at Vijaywada police station, Andhra Pradesh.
v. The apprehension of the learned APP that, the applicant would once again indulge in similar or such offence, can be put to rest by imposing stringent Page 3 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:14:49 IST 2026 NEUTRAL CITATION R/CR.MA/11168/2026 ORDER DATED: 12/05/2026 undefined conditions.
7. 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 [2012] 1 SCC 40.
8. 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.
9. Hence, the applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No.11200011260322 of 2026 registered with Valsad Rural Police Station, Dist. 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;
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NEUTRAL CITATION R/CR.MA/11168/2026 ORDER DATED: 12/05/2026 undefined [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 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 Valsad District without prior permission of the trial 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 presence every alternate day for one month, thereafter on every Friday before the concerned Police Station till the completion of the trial; [g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the police station.
10. The Authorities will release the applicant only if he Page 5 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:14:49 IST 2026 NEUTRAL CITATION R/CR.MA/11168/2026 ORDER DATED: 12/05/2026 undefined 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 accordance with law.
11. 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.
12. 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. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) MAYA Page 6 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:14:49 IST 2026