Citation : 2025 Latest Caselaw 1021 Guj
Judgement Date : 18 July, 2025
NEUTRAL CITATION
R/CR.MA/14128/2025 ORDER DATED: 18/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO.14128 of 2025
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REKHABEN NARESHBHAI NATT
Versus
STATE OF GUJARAT
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Appearance:
MR DARSHIT H RAVAL(11887) for the Applicant(s) No. 1
MR MAHESHKUMAR K PUROHIT(10627) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 18/07/2025
ORAL ORDER
1. 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 CR. No.11993006240074 of 2024
registered with A Division Police Station, Gandhidham, Kachchh for the
offences punishable under Sections 8(c), 22(b) and 29 of the Narcotics Drugs
and Psychotropics Substances Act, 1985.
2. Heard learned Advocate appearing for the applicant. He submitted that
the present applicant has been arrested in connection with the offence in
question on 29/01/2024 and since then, he is in custody. The applicant is lady
who is having small children to be looked after. He further submitted that after
NEUTRAL CITATION
R/CR.MA/14128/2025 ORDER DATED: 18/07/2025
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the dismissal of the earlier application filed by the applicant, the other co-
accused has been considered for grant of bail by the learned Sessions Court.
Therefore, there is a change in circumstance after the dismissal of the earlier
application. He, therefore, submitted that to allow the present application and
enlarge the applicant on regular bail subject to suitable conditions. He has
further submitted that the applicant has good reputation in the society and no
useful purpose would be served by keeping the applicant in Jail for indefinite
period. 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. The
learned Advocate for the applicant seeks to rely upon the following judgments
in support of his submissions :
(i) Judgment delivered by the Hon'ble Apex Court in case of Prabhakar Tewari Versus State of Uttar Pradesh reported in (2020) 11 Supreme Court Cases 648 and;
(ii) Judgment dated 19.06.2025 delivered by Co-ordinate Bench of this Court in case of Kishin Ashokkumar Krishnani Versus State of Gujarat passed in R/Criminal Misc. Application (For Anticipatory Bail) No.10671 of 2025.
3. Per contra, learned APP has opposed the present application contending
that the present application being a successive bail application since there is no
change in circumstances. Learned APP has therefore submitted that looking to
the nature of offence, this Court may not exercise the discretion in favour of the
applicant and the application may be dismissed.
NEUTRAL CITATION
R/CR.MA/14128/2025 ORDER DATED: 18/07/2025
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4. Heard learned Advocates for the parties. The present application is the
second successive bail application filed by the present applicant. After the
earlier two applications were withdrawn and dismissed by this Court, the last
application being CRMA No.23066 of 2024 was dismissed by this Court vide
Order dated 29.11.2024 and thereafter, the present successive application has
been filed by the applicant. Learned Advocate appearing for the applicant has
argued that after the dismissal of the earlier application, the other co-accused
has been considered for grant of bail by the learned Sessions Court. So far as
the role attributed to the co-accused is concerned, it is to the effect that he has
supplied the contraband substance of Mephedrone to the present applicant and
the same had been recovered from the conscious possession of the present
applicant. Apart from the present offence, the applicant is also having 24 other
antecedents. Having regard to these aspects, no case is made out. Hence, the
present application is dismissed.
(M. R. MENGDEY,J) RAVI OZA
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