Gujarat High Court
Prahladbhai @Itiyo S/O Prabhubhai ... vs State Of Gujarat on 15 May, 2026
NEUTRAL CITATION
R/CR.MA/11672/2026 ORDER DATED: 15/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11672 of 2026
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PRAHLADBHAI @ITIYO S/O PRABHUBHAI MANGABHAI MAKWANA (KO
PATEL)
Versus
STATE OF GUJARAT
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Appearance:
MR SHAIVAL M PATEL(9950) for the Applicant(s) No. 1
MR. VINAY VISHEN, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/05/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No. 11192007250235 of 2025 registered with Nalsarovar Police Station, Ahmedabad, for the offences under Sections 8(c), 21(c) and 29 of the NDPS Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that the learned APP has failed to show that except the applicant being supplier, no role is attributed to the applicant. The learned APP has also failed to show under which capacity and what manner the applicant has collected the contrabands and as to whether the said contrabands are in the commercial quantity and rigours of Section 37 would be applicable or not, is not spelled out or argued. The applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Nothing is required to be recovered or discovered. The applicant has no past antecedent. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
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[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that the applicant is very much involved in the present offence and considering the gravity of offence, no case is made out to entertain present bail application. Therefore, present application does not deserve consideration.
[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(1) The rigours of Section 37 is not applicable;
(2) Investigation is over and charge-sheet is filed;
(2) Applicant is behind the bar since 02.03.2026;
(3) There is nothing to be recovered or discovered from the
applicant;
(4) The applicant is only a supplier and he has supplied 138 bottles
of Syrup to the tune of Rs.27,700/- to the accused No.1;
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[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.
[8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11192007250235 of 2025 registered with Nalsarovar Police Station, Ahmedabad, on executing a personal 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/she shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial
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NEUTRAL CITATION
R/CR.MA/11672/2026 ORDER DATED: 15/05/2026
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Court concerned;
(e) mark presence before the concerned Police Station once in every
month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the Aadhaar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court;
(g) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant.
[9.0] 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 Judge concerned will be free to issue warrant or take appropriate action in the matter.
[10.0] 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.
[11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.
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