Avjeetkumar Ranjeet Pyare Yadav vs State Of Gujarat
2026 Latest Caselaw 2038 Guj

Citation : 2026 Latest Caselaw 2038 Guj
Judgement Date : 7 April, 2026

[Cites 3, Cited by 0]

Gujarat High Court

Avjeetkumar Ranjeet Pyare Yadav vs State Of Gujarat on 7 April, 2026

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                            R/CR.MA/7853/2026                                  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. 7853 of 2026

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                                           AVJEETKUMAR RANJEET PYARE YADAV
                                                         Versus
                                                   STATE OF GUJARAT
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                      Appearance:
                      MR. ARYAN L. VYAS(19584) for the Applicant(s) No. 1
                      UMANG P RAVAL(9074) for the Applicant(s) No. 1
                      MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
                               DESAI

                                                           Date : 07/04/2026

                                                             ORAL ORDER

1. Heard learned advocate Mr. Aryan Vyas 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.11200051260021 of 2026 registered with Dungra Police Station,

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R/CR.MA/7853/2026 ORDER DATED: 07/04/2026

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District Valsad for the offence punishable under Sections 8(c), 20(b)

(ii)(B) and 29 of the NDPS Act, 1985 as well as under Section 78 of

the Juvenile Justice Act, 2015.

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. Learned advocate for the applicant upon instructions submits

that, the applicant would reside within the State of Gujarat till the

completion of the trial.

6. 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

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R/CR.MA/7853/2026 ORDER DATED: 07/04/2026

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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.

7. 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 Bihar district and is

presently residing in Gujarat, hence would be available at the

time of trial;

ii. The are no criminal antecedents against the applicant;

iii. The contraband 2.095kgs of Ganja which was seized by the

police is of intermediate quantity;

iv. The apprehension of learned APP as regards non-availability

of the applicant during the trial can be put to rest by imposing

strict conditions.

v. The investigation is completed and chargesheet has been laid

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R/CR.MA/7853/2026 ORDER DATED: 07/04/2026

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before the concerned trial court;

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

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.11200051260021 of 2026 registered with Dungra Police

Station, District Valsad, on executing a bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand only) with one local surety of the

like amount to the satisfaction of the trial Court and subject to the

conditions that he shall;

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[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;