Gujarat High Court
Mohammad Sahajat Sk S/O Sonaruddin Sk vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.MA/7297/2025 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7297 of 2025
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MOHAMMAD SAHAJAT SK S/O SONARUDDIN SK
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AMIT D SHAH(11232) for the Applicant(s) No. 1
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 2
MR TRUPESH KATHERIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 21/07/2025
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
F.No.NCB/AZU/CR-11 of 2022 registered with NCB Police
Station, Ahmedabad for the offences punishable under Sections
8(c), 22(c), 27A, 28, 29, 30, 35, 54(a), 54(c) and 54(d) of the
Narcotics Drugs and Psychotropics Substances Act, 1985.
2. Heard learned Advocate Dr. Khusbhu Vyas appearing on
behalf of Mr. Amit D. Shah for the applicant. She submitted that
the present applicant has been arrested in connection with the
present offence on 05.06.2022 and since then he is in custody.
Thus, the applicant has undergone incarceration for a period of
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R/CR.MA/7297/2025 ORDER DATED: 21/07/2025
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more than three years. She further submitted that the applicant
was merely working as a watchman at the premises from which
the contraband substance had been recovered. Except these, no
other overact had been attributed to the present applicant. She
further submitted that the other co-accused had approached the
Hon'ble Apex Court and the Hon'ble Apex Court had been
pleased to consider his case for grant of bail on the ground of
medical conditions. She, therefore, submitted that to allow the
present application and enlarge the applicant on regular bail
subject to suitable conditions. The learned Advocate appearing
for the applicant has sought to rely upon the following
judgments in support of her submissions :-
1) Pinkesh @ Pinko Shantilal Patel V/S State of Gujarat
(2025 LawSuit(SC) 530)
2) Sabir Shaikh V/S State of Gujarat & Anr. (2024
LawSuit(SC) 1275)
3) Vivek Patel V/S State of Gujarat & Anr. (2025
LawSuit(SC) 756)
4) Anjumbanu Rizwan Memon V/S State of Gujarat (2025
LawSuit(SC) 540)
5) Hemaram Dhanaram Devasi V/S State of Gujarat (2025
LawSuit(SC) 521)
6) Imran Abdulrashid Shaikh V/S State of Gujarat (2024
LawSuit(SC) 1272)
7) Rabi Prakash V/S The State of Odisha (2023
LiveLaw(SC) 533)
8) Sangram Sadashiv Suryavanshi V/S The State of
Maharashtra (2024 0 Supreme(SC) 1134)
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R/CR.MA/7297/2025 ORDER DATED: 21/07/2025
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9) Bharat Chaudhary V/S Union of India (LL 2021 SC
733)
10) Yash Jayeshbhai Champaklal Shah V/S State of
Gujarat (2022 1 Crimes(SC) 344)
11) Tapas Kumar Palit V/S State of Chhattisgarh (2025
LawSuit(SC) 228)
12) Vishal V/S State of Uttar Pradesh (2025 LawSuit(SC)
630)
13) Rajan @ Pappu Trinath Gouda V/S State of Gujarat in
Criminal Misc. Application No. 8032 of 2025, Order
dated 12.06.2025
14) Khurshid Ahmed @ Pudibaba Ahmednur Sailani V/S
State of Gujarat (2024 LawSuit(Guj) 2398)
15) Veeramani @ Anna @ Pandurang Andyapan @
Karuppasami Andyapan V/S State of Gujarat (2024
LawSuit(Guj) 2395)
16) Abdul Rab V/S Narcotics Control Bureau in Bail
Application No.3023 of 2024, Order dated 20.01.2025
17) Vikramjit Singh V/S Narcotics Control Bureau in Bail
Application No.4268 of 2024, Order dated 14.01.2025
18) Re V/S State of Andhra Pradesh (2021 (0) AIJEL-SC
67305)
3. Learned Advocate Mr. Harsheel D. Shukla appearing for
the respondent - NCB has opposed the application contending
that the other co-accused had approached this Court as well as
the Hon'ble Apex Court and the applications were withdrawn
from this Court and from the Hon'ble Apex Court also. Learned
advocate 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.
4. Learned advocate APP has opposed the present application
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contending 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.
5. Heard learned Advocates for the parties. From the record,
it appears that the contraband substance of Alprazolam/
Nordazepam worth 68 kgs had been found from the premises.
The applicant along with other co-accused was involved in
manufacture of said substance. The other co-accused namely
Rahul SK had approached the Hon'ble Apex Court against the
order of this Court dismissing the bail application. The Hon'ble
Apex Court dismissed the SLP and directed the Trail Court to
conclude the trail within one year.
6. Having regard to these aspects, no case is made out.
Hence, the present application is dismissed.
(M. R. MENGDEY,J)
AHS
