Gujarat High Court
Shankarbhai Jitendrabhai Salat vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11455/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR
BAIL - AFTER CHARGESHEET) NO. 11455 of 2026
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SHANKARBHAI JITENDRABHAI SALAT
Versus
STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MS. JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
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 Page 1 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Thu May 14 2026 Downloaded on : Thu May 14 21:31:59 IST 2026 NEUTRAL CITATION R/CR.MA/11455/2026 ORDER DATED: 13/05/2026 undefined of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11209016260240 of 2026 registered with Himmatnagar A Division Police Station, Dist. Sabarkantha for the offence punishable under Sections 8(C), 20(b) 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 leveled, 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 Page 2 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Thu May 14 2026 Downloaded on : Thu May 14 21:31:59 IST 2026 NEUTRAL CITATION R/CR.MA/11455/2026 ORDER DATED: 13/05/2026 undefined 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.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the charge-sheet papers. Following aspects are considered:-
i. The applicant is a permanent resident of Himatnagar, dist. Sabarkantha, hence would be available at the time of trial;
ii. The applicant does not have any criminal antecedents;
iii. The investigation being over and charge-sheet having been filed;
iv. As per the prosecution case, the alleged contraband ganja, weighing about 6 kg 413 grams, was found from the applicant's house, and he had purchased the said contraband ganja from the co-accused Havlabhai alias Savabhai and Bharmabhai alias Bharatbhai.
v. Further, as per the prosecution case, it were the absconding accused, Dhaniben and Kantibhai, who had purchased the said contraband ganja from the co-accused i.e. Havlabhai alias Savabhai and Bharmabhai alias Bharatbhai and had brought the same to the house of the present applicant.Page 3 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Thu May 14 2026 Downloaded on : Thu May 14 21:31:59 IST 2026
NEUTRAL CITATION R/CR.MA/11455/2026 ORDER DATED: 13/05/2026 undefined vi. The apprehension of the learned APP, as regards the non- availability of the applicant during the trial can be put to rest by imposing stringent condition;
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.
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. 11209016260240 of 2026 registered with Himmatnagar A Division Police Station, Dist. Sabarkantha, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Page 4 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Thu May 14 2026 Downloaded on : Thu May 14 21:31:59 IST 2026 NEUTRAL CITATION R/CR.MA/11455/2026 ORDER DATED: 13/05/2026 undefined 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 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 geographical limits of Himmatnagar, Dist. Sabarkantha without prior permission of the 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 on every Sunday before the concerned Page 5 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Thu May 14 2026 Downloaded on : Thu May 14 21:31:59 IST 2026 NEUTRAL CITATION R/CR.MA/11455/2026 ORDER DATED: 13/05/2026 undefined police station, till the trial is over; [g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the 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 at liberty to take appropriate action in accordance with law.
10. 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.
11. 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 Page 6 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Thu May 14 2026 Downloaded on : Thu May 14 21:31:59 IST 2026 NEUTRAL CITATION R/CR.MA/11455/2026 ORDER DATED: 13/05/2026 undefined enlarging the applicant on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) PARMAR CHIRAG Page 7 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Thu May 14 2026 Downloaded on : Thu May 14 21:31:59 IST 2026