Citation : 2025 Latest Caselaw 8820 Guj
Judgement Date : 11 December, 2025
NEUTRAL CITATION
R/CR.MA/25561/2025 ORDER DATED: 11/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 25561 of 2025
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KEHRAJI @ KERAJI GENAJI KANAJIJI RAJPUT
Versus
STATE OF GUJARAT
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Appearance:
MR S R TIWARI(11269) for the Applicant(s) No. 1
MS NISHITA P THAKKAR(12064) for the Applicant(s) No. 1
MR. K M ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 11/12/2025
ORAL ORDER
1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11195018240231 of 2024 registered with Dhanera Police Station, District Banaskantha.
2. Learned advocate for the applicant submitted that the applicant has been arrested in connection with the present offence on 02.04.2025 and since then he is in custody. The applicant has undergone incarceration for a period of one and half year and the trial of the offence has not progresses satisfactorily after withdrawing of earlier application. He therefore submitted that the quantity of contraband substance involved in the present offence is intermediate quantity. The
NEUTRAL CITATION
R/CR.MA/25561/2025 ORDER DATED: 11/12/2025
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other co-accused has been considered for grant of bail initially by the learned Sessions Court and thereafter, by this Court. He has further submitted that the antecedent which is cited against the present applicant is registered against the applicant on the basis of statement of other co-accused. Otherwise there is no involvement of the present applicant in the said offence. considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. The learned APP appearing for the respondent State vehemently submitted that the applicant is having another antecedents for commission of offence similar in nature. Moreover the material collected during the course of investigation indicates that the applicant was involved in trafficking of contraband substance. Learned APP further submitted that the allegations against the applicant, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion should be exercised.
4. Heard learned advocates for the respective parties and perused the documents produced on record. From the material available on record, it appears that the applicant was found in conscious possession of contraband substance smack worth 21.69 gms. The applicant is also having other antecedents for the offence punishable under the provisions of NDPS Act. The applicant had earlier preferred an application being Criminal Misc. Application No.25498 of 2024 which was allowed to be withdrawn by this Court vide order dated 06.01.2025 and since
NEUTRAL CITATION
R/CR.MA/25561/2025 ORDER DATED: 11/12/2025
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then the applicant is in custody. Learned advocate appearing for the applicant is not in a position to show in change in circumstances after withdrawal of earlier bail application. So far as the arguments qua delay in trial is concerned, in view of the judgment of Hon'ble Supreme Court rendered in the case of Union of India v. Vigin K. Varghese, no case is made out to entertain the present application.
5. In view of the above, the application stands dismissed.
(M. R. MENGDEY,J) NABILA
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