Gujarat High Court
Hitendrasinh @ Hako Kadi S/O Bhupatsinh ... vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11580/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11580 of 2026
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HITENDRASINH @ HAKO KADI S/O BHUPATSINH JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR.ALOK M THAKKAR(6510) 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 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging Page 1 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:29 IST 2026 NEUTRAL CITATION R/CR.MA/11580/2026 ORDER DATED: 13/05/2026 undefined the applicant on Regular Bail in connection with FIR being C.R. No. 11208044250630 of 2025 registered with Praduman Nagar Police Station, Rajkot City, for the offence punishable under Sections 8(c), 21(c) and 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, 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 MS.PARUL DUTTA(HCD0073) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:29 IST 2026 NEUTRAL CITATION R/CR.MA/11580/2026 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 papers. Following aspects are considered:-
i. The applicant is a resident of Rajkot, hence would be available at the time of trial.
ii. Though the applicant is having 12 previous antecedents, majority of them are offences under the Prohibition Act and whereas, two offences are under the IPC and one offence is under Arms Act. There do not appear any previous offences, which are identical in nature.
iii. As per the prosecution case, the applicant was found in possession of 33.48 gms of mephedrone drug, which is of Page 3 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:29 IST 2026 NEUTRAL CITATION R/CR.MA/11580/2026 ORDER DATED: 13/05/2026 undefined intermediate quantity, hence, the rigours of Section 37 of the NDPS Act will not apply.
iv. The apprehension of the learned APP would be allayed by imposing stringent 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.
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NEUTRAL CITATION R/CR.MA/11580/2026 ORDER DATED: 13/05/2026 undefined
9. 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. 11208044250630 of 2025 registered with Praduman Nagar Police Station, Rajkot City, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two 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;
[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] 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;
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NEUTRAL CITATION R/CR.MA/11580/2026 ORDER DATED: 13/05/2026 undefined [e] mark his presence on every alternate day before the concerned police station for two months, thereafter mark his presence once a week before the concerned police station till the trial is over;
[f] 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 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.
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NEUTRAL CITATION R/CR.MA/11580/2026 ORDER DATED: 13/05/2026 undefined
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) PD Page 7 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:29 IST 2026