Gujarat High Court
Babulal Gangaram Jaat vs State Of Gujarat on 19 November, 2025
NEUTRAL CITATION
R/CR.MA/21414/2025 ORDER DATED: 19/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 21414 of 2025
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BABULAL GANGARAM JAAT
Versus
STATE OF GUJARAT
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Appearance:
NIMIT Y SHUKLA(8338) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 19/11/2025
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.11189001240702 of 2024 registered with
Halwad Police Station, District Morbi, for the offences
punishable under Sections 8(C), 15(C) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Learned advocate for the applicant submitted that the
applicant has been arrested in connection with the present
offence on 23.08.2024 and since then he is in custody. The
applicant has undergone incarceration more than one year
and only recently, the Charge-sheet has been filed and the
prosecution has cited as many as 24 witnesses in the
Charge-sheet and therefore, there is no possibility to get
NEUTRAL CITATION
R/CR.MA/21414/2025 ORDER DATED: 19/11/2025
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over the trial in near future. He has, therefore, submitted
that 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 present being successive
application after dismissal of the earlier bail application
filed by the applicant vide order dated 20.01.2025 and the
said order was carried to the Hon'ble Supreme Court and
the Hon'ble Supreme Court has confirmed the order passed
by this Court, which came to be withdrawn. he has,
therefore, submitted that there is no change in
circumstances after dismissal of the earlier bail application
filed by the present applicant. He has, therefore, submitted
that the offences alleged against the present applicant is
serious in nature. He further submits 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. At the outset,
it is required to be noted that the applicant had preferred
Criminal Misc. Application No.25183 of 2024 which was
dismissed by this Court vide order dated 20.01.2025 and
while dismissing the said application, this Court has made
following observations thus:-
NEUTRAL CITATION
R/CR.MA/21414/2025 ORDER DATED: 19/11/2025
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"4. Heard learned advocates for the parties and
perused the material available on record. it is the case
of the prosecution that the applicant and other co-
accused were transporting the contraband substance of
Poppy Straw worth 99.680 kgs. The quantity involved
int eh present offence is undoubtedly a commercial
quantity, and therefore, the rigors of Section 37 of the
Act would apply to the facts of the present case. The
applicant was present in the said vehicle in the capacity
of a cleaner along with other co-accused, who was
driving the vehicle. At this stage, it is hard to believe
that the applicant and the other co-accused were not
aware about the fact that they were carrying the
contraband substance of poppy straw worth 99 kg with
them. Having regard to the same, no case is made out
to release the present applicant on bail. Hence, the
present application stands dismissed."
5. The said order was carried to the Hon'ble Supreme Court
by filing Special Leave Petition (Criminal) No.5550 of 2025
and the same came to be withdrawn by the present
applicant vide order dated 21.04.2025. Thus, aforesaid
observations made by this Court while dismissing the said
application, have been confirmed by the Hon'ble Supreme
Court. So far as the aspect of delay is concerned, the
submission cannot be accepted in view of the judgment
passed by the Hon'ble Supreme Court in the case of Union
NEUTRAL CITATION
R/CR.MA/21414/2025 ORDER DATED: 19/11/2025
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of India v. Vigin K. Varghese.
6. Having regard to these facts, this Court is not inclined to
exercise its judicial discretion in favour of the applicant.
The application is dismissed.
(M. R. MENGDEY,J)
NABILA
