[Cites 4, Cited by 0]
Gujarat High Court
Rakeshbhai Lavjibhai Chaudhari vs State Of Gujarat on 7 April, 2026
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R/CR.MA/7856/2026 ORDER DATED: 07/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7856 of 2026
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RAKESHBHAI LAVJIBHAI CHAUDHARI
Versus
STATE OF GUJARAT
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Appearance:
MR VISHVAJITSINH D CHAUHAN(10160) for the Applicant(s) No. 1
MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 07/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Kishan Prajapati appearing on
behalf of the applicant and learned Additional Public Prosecutor Ms.
Jirga Jhaveri appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. 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 C.R.
No.11209040260010 of 2026 registered with Poshina Police Station,
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R/CR.MA/7856/2026 ORDER DATED: 07/04/2026
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District Sabarkantha for the offence punishable under Sections 8(c),
20(b) and 29 of the NDPS Act.
4. Learned advocate for the applicant would submit that,
considering the role attributed to the applicant, and nature of the
allegation levelled, the applicant may be enlarged on regular bail. It
is further submitted that, since the charge-sheet is filed, further
incarceration of the applicant will not benefit the Investigation
Officer in any manner. 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.
5. As against the same, learned Additional Public Prosecutor
appearing for the respondent - State has vehemently objected to
the grant of regular bail. Learned APP has submitted that looking to
the nature of offence and the role attributed to the present
applicant as coming out from the charge-sheet, this Court may not
exercise discretion in favour of the applicant and the application
may be dismissed.
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6. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. The applicant is a permanent resident of Mehsana district,
hence would be available at the time of trial;
ii. The applicant does not have any criminal antecedent;
iii. The applicant was driving the car which was intercepted by
the police;
iv. As per the prosecution case the applicant had procured the
contraband Ganja from the accused No.4 Kantibhai;
v. The seized contraband Ganja weighing 9.692kg is of
intermediate quantity;
7. This Court has taken into consideration the law laid down by
the Hon'ble Apex Court in the case of Sanjay Chandra v. Central
Bureau of Investigation reported in [2012] 1 SCC 40.
8. In the facts and circumstances of the case and considering the
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R/CR.MA/7856/2026 ORDER DATED: 07/04/2026
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nature of the allegations made against the applicant in the First
Information Report, without discussing the evidence in detail, prima
facie, this Court is of the opinion that, this is a fit case to exercise
the discretion and enlarge the applicant on regular bail.
9. Hence, the present application is allowed. The applicant is
ordered to be released on bail in connection with F.I.R. registered
as C.R. No.11209040260010 of 2026 registered with Poshina Police
Station, District Sabarkantha, on executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety
of the like amount to the satisfaction of the 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 injurious to the interest of the
prosecution;
[c] surrender his passport, if any, to the trial court within a
week, and if he does not possess a passport, he shall file an
affidavit to that effect;
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[d] not leave the State of Gujarat without prior permission of the
Competent Court concerned;
[e] furnish the present address of his residence to the I.O. and to
the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and the
court;
[f] mark his presence on every Tuesday before the concerned
police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for which,
he shall file affidavits before the concerned court and the police
station.
10. The Authorities will release the applicant only if he 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
Court concerned will be at liberty to take appropriate action in
accordance with law.
11. Bail bond to be executed before the trial court having
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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.
12. At the stage of trial, the competent court shall not be
influenced by any observations of this Court which are of
preliminary nature, made at this stage only for the purpose of
enlarging the applicant on regular bail.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
