[Cites 1, Cited by 0]
Gujarat High Court
Aezaj Ismailbhai Abbas Saiyad (Saiyad ... vs State Of Gujarat on 2 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/4046/2026 ORDER DATED: 02/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 4046 of 2026
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AEZAJ ISMAILBHAI ABBAS SAIYAD (SAIYAD AEJAJ ISMAIL ABBAS)
Versus
STATE OF GUJARAT
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 02/04/2026
ORAL ORDER
1. Heard learned advocate for the applicant and learned
APP for the respondent - State.
2. By way of this application ( For Successive Regular Bail-
After Charge sheet) filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant
is seeking release on regular bail in connection with the
FIR being C.R.No.Part B - 11206043210833 of 2021
registered with Mahesana Taluka Police Station, District
Mahesana for the offences punishable under Sections
20(b)(c) read with 8(c), 29 of NDPS Act.
3. Learned advocate for the applicant submitted that, the
applicant is not involved in commission of offence as
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R/CR.MA/4046/2026 ORDER DATED: 02/04/2026
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alleged in the FIR and therefore, looking to the role of
the applicant and nature of the allegations, the applicant
is required to be enlarged on regular bail by imposing
suitable terms and conditions.
4. On the other hand, learned APP appearing for the
respondent - State vehemently submits that, the offences,
which have been charged, are serious in nature affecting
the society at large and looking to the facts as well as
the allegations made against the applicant, no discretion
would be required to be exercised.
5. In the facts and circumstances of the case and
considering the nature of allegations, this Court is of the
opinion that, discretion is required to be exercised to
enlarge the applicant on regular bail. This Court has
considered the following facts while exercising discretion
in favour of the applicant :-
(i) the applicant is in jail since 08.10.2021;
(ii) The investigation is over and the charge-sheet has
been filed. The last application, which was
withdrawn by the petitioner, was as far back as 9th
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December 2022. Thereafter, though the trial is
presently ongoing, out of 45 witnesses, only five
witnesses have been examined and the remaining
witnesses are yet to be examined. Therefore, the
trial is likely to take its own time; and
(iii) There are no past antecedents..
6. In view of the aforesaid facts, without discussing the
evidence in detail, this Court, prima facie, is of the
opinion that, this is a fit case to exercise the discretion
and enlarge the applicant on regular bail. Hence, present
application is allowed and the applicant is ordered to be
released on regular bail in connection with the FIR being
C.R.No.Part B - 11206043210833 of 2021 registered with
Mahesana Taluka Police Station, District Mahesana on
executing personal bond of Rs.10,000/- (Rupees Ten
thousand only) with one surety of the like amount to the
satisfaction of the learned Trial Court and subject to the
conditions that he shall;
[a] not take undue advantage of liberty or misuse
liberty;
[b] not act in a manner injuries to the interest of the
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prosecution;
[c] surrender passport, if any, to the lower court within
a week;
[d] not to leave the State of Gujarat till the Trial is
over;
[e] furnish latest address of residence to the
Investigating Officer and also to the Court at the
time of execution of the bond and shall not change
the residence without prior permission of the trial
Court;
[f] mark his presence before the concerned police
station in the first week of every month till the trial
is over;
7. The Authorities will release the applicant only if the
applicant is not required in connection with any other
offence for the time being. If breach of any of the above
conditions is committed, the Sessions Judge concerned
will be free to issue warrant or take appropriate action in
the matter. Bail bond to be executed before the learned
Lower Court having jurisdiction to try the case. It will be
open for the concerned Court to delete, modify and/or
relax any of the above conditions, in accordance with
law. At the trial, learned Trial Court shall not be
influenced by the observations of preliminary nature, qua
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the evidence at this stage, made by this Court while
enlarging the applicant on bail.
8. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
