[Cites 2, Cited by 0]
Gujarat High Court
Laljibhai Dharmashibhai Mori vs State Of Gujarat on 28 November, 2025
NEUTRAL CITATION
R/CR.MA/21814/2025 ORDER DATED: 28/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 21814 of 2025
==========================================================
LALJIBHAI DHARMASHIBHAI MORI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 1
MR. PRAVAN DHAGAT for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 28/11/2025
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.11211031240059 of 2024
registered with Limbdi Police Station, Surendranagar.
2. Rule. Learned APP waives service of notice of Rule on behalf of the
Respondent - State.
3. Heard learned Advocate appearing for the applicant. He submitted that
this Court has considered the case of other co-accused viz. Umedbhai @
Umeshbhai Govindbhai Raba (Gadhvi) for grant of bail. He is similarly
situated to the applicant, and therefore, on the aspect of parity, the case of the
present applicant is also required to be considered for grant of bail. He further
submitted that as per the case of prosecution, the applicant was found present
near the car which was loaded with the contraband substance of Opium worth
205 kilograms. However, the applicant herein is not the owner either of the car
NEUTRAL CITATION
R/CR.MA/21814/2025 ORDER DATED: 28/11/2025
undefined
or the contraband substance. There is no other material connecting the
applicant with the said contraband substance. He, therefore, submitted to allow
the present application and enlarge the applicant on bail subject to suitable
conditions.
4. Per contra, learned APP has opposed the present application contending
that the quantity of contraband substance involved in the present offence is a
commercial quantity, and therefore, the rigors of Section 37 of the NDPS Act
would come into play. He further submitted that the applicant was found
present at the place from which the contraband substance in commercial
quantity was recovered. He further submitted that in view of the recent
judgment of the Hon'ble Apex Court in case of Union of India Versus Vigin
K. Verghese, the present application should be dismissed. 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.
5. Heard learned Advocates for the parties and perused the record. In the
present offence, the investigation is over and charge-sheet has been filed. The
applicant had earlier preferred Criminal Misc. Application No.21689 of 2024
which was allowed to be withdrawn by this Court vide order dated 27.01.2025.
Thereafter, vide order dated 06.08.2025 passed in CRMA No.14278 of 2025,
this Court had considered the case of the other co-accused for grant of bail.
While considering the case of the co-accused for grant of bail, this Court had
made the following observations: -
"5. Heard learned advocates appearing for the parties and perused the
material available on record. Investigation is over and Charge-sheet has
already been filed. As per the case of prosecution, the present applicant
was found present at the place from which the truck found standing
containing 205 kgs poppy straw. The other co-accused namely, Labubhai
NEUTRAL CITATION
R/CR.MA/21814/2025 ORDER DATED: 28/11/2025
undefined
Kanabhai Naiya (Gadhvi) who was also present at the place of incident
with the present applicant, had escaped from the place after having seen
police, has been considered for grant of bail by the learned Sessions
Court. Having regard to this aspect, the present application deserves
consideration"
6. The role attributed to the present applicant is similar to the case of the
other co-accused who has been considered for grant of bail by this Court.
7. Learned APP has sought to rely upon the judgment of Hon'ble Apex
Court in case of Vigin K. Verghese (Supra). However, as per the material
available on record, the present applicant was admittedly not found in
conscious possession of the contraband substance. It is the case of prosecution
that he was found present where the vehicle loaded with 205 kilograms of
Opium was lying. There is no other material connecting the present applicant
with the said vehicle or with the contraband substance. Having regard to these
aspects, the present application deserves consideration, hence the present
application is hereby allowed. This Court has also considered the following
aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are mainly
3 factors which are required to be considered by this court i.e. prima-
facie case, availability of Applicant accused at the time of trial and
tampering and hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the
Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 23.02.2024.
NEUTRAL CITATION
R/CR.MA/21814/2025 ORDER DATED: 28/11/2025
undefined
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. C.B.I. reported in (2012) 1 SCC 40.
8. Having heard the learned Advocates for the parties and perusing the
record produced in this case as well as taking into consideration the facts of the
case, nature of allegations, gravity of accusation, availability of the applicant
accused at the time of Trial etc. and the role attributed to the present applicant
accused, the present application deserves to be allowed and accordingly stands
allowed. This Court has also gone through the FIR and police papers and also
the earlier order passed by the learned Sessions Court where the learned
Sessions Judge has disallowed the bail Application at initial stage. The
applicant accused is ordered to be released on bail in connection with the
aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of
the like amount to the satisfaction of the trial Court, subject to the following
conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any
person acquainted with the fact of the case so as to dissuade him from
disclosing such facts to the Court or any Police Officer or tamper with
the evidence;
(b) maintain law and order and not to indulge in any criminal activities;
(c) furnish the documentary proof of complete, correct and present address
of residence to the Investigating Officer and to the Trial Court at the time
of executing the bond and shall not change the residence without prior
permission of the trial Court;
NEUTRAL CITATION
R/CR.MA/21814/2025 ORDER DATED: 28/11/2025
undefined
(d) provide contact numbers as well as the contact numbers of the sureties
before the Trial Court. In case of change in such numbers inform in
writing immediately to the trial Court;
(e) mark presence before the concerned Police Station once every month
between 11:00 a.m. and 2.00 pm;
(f) file an affidavit stating his immovable properties whether self acquired
or ancestral with description, location and present value of such
properties before the Trial Court, if any;
(g) not leave the territory of Gujarat without prior permission of the Trial
Court;
(h) surrender passport, if any, to the Trial Court within a week. If the
applicant does not possess passport, shall file an Affidavit to that effect
9. Bail bond to be executed before the Trial Court having jurisdiction to try
the case. It would be open for the Trial Court concerned to give time to furnish
the solvency certificate if prayed for.
10. If breach of any of the above conditions is committed, the Trial Court
concerned will be free to issue warrant or take appropriate action according to
law. The Authorities will release the Applicant forthwith only if the Applicant
is not required in connection with any other offence for the time being.
11. At the trial, the concerned trial Court shall not be influenced by the
prima-facie observations made by this Court in the present order.
NEUTRAL CITATION
R/CR.MA/21814/2025 ORDER DATED: 28/11/2025
undefined
12. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J)
RAVI OZA
