[Cites 3, Cited by 0]
Gujarat High Court
Aaditya Rajuprasad Surendra ... vs State Of Gujarat on 7 April, 2026
NEUTRAL CITATION
R/CR.MA/7983/2026 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. 7983 of 2026
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AADITYA RAJUPRASAD SURENDRA CHANDRAVANSHI & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MS RIDDHI YADAV, ADVOCATE FOR MR HARDIK H DAVE(6295) for the
Applicant(s) No. 1,2
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR 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 appearing on behalf of the
applicants and learned Additional Public Prosecutor
appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf
of the respondent-State.
3. The applicants have filed this application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
NEUTRAL CITATION
R/CR.MA/7983/2026 ORDER DATED: 07/04/2026
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2023 for enlarging the applicants on Regular Bail in
connection with FIR being C.R. No. 11200051260021 of
2026 registered with Dungra Police Station, Valsad for
the offence punishable under Sections 8(c), 20(b), IIB and
29 of the NDPS Act and Section 78 of the Juvenile Justice
Care and Protection Act.
4. Learned advocate for the applicants would submit
that, considering the role attributed to the applicants,
and nature of the allegation levelled, the applicants may
be enlarged on regular bail. It is further submitted that,
since the charge-sheet is filed, further incarceration of
the applicants will not benefit the Investigation Officer in
any manner. It is further submitted that, the applicants
are ready and willing to abide by all the conditions that
may be imposed by this Court, if released on bail.
Learned advocate upon instructions, has submitted that,
the applicants will remain in Gujarat, till the trial is over.
5. As against the same, learned Additional Public
NEUTRAL CITATION
R/CR.MA/7983/2026 ORDER DATED: 07/04/2026
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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 applicants as
coming out from the charge-sheet, this Court may not
exercise discretion in favour of the applicants and the
application may be dismissed.
6. I have heard learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-
i. The applicant nos. 1 & 2 though are permanent
residents of Bihar & Uttar Pradesh respectively, they
are currently residing in Gujarat, hence would be
available at the time of trial;
ii. As per the prosecution case, accused no.1 was the
peddler of the contraband, whereas, accused nos. 2 &
3 were working for accused no. 1;
iii. Accused no. 3 Avjeetkumar Yadav, has been
NEUTRAL CITATION
R/CR.MA/7983/2026 ORDER DATED: 07/04/2026
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enlarged on regular bail by this court vide order of
even date passed in Criminal Misc. Application No.
7853 of 2026;
iv. The contraband i.e. 2.095 kg. of ganja, which was
seized by the police is of intermediate quantity;
v. The investigation is over and charge-sheet has been
filed before the concerned trial court;
vi. The applicants have no criminal antecedents;
vii. The apprehension of learned APP, as regards
non-availability of the applicants during the trial, can
be put to rest by imposing strict conditions.
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
NEUTRAL CITATION
R/CR.MA/7983/2026 ORDER DATED: 07/04/2026
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the applicants 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 applicants on regular bail.
9. Hence, the applicants are 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, Valsad on each executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with
one local surety of like amount, to the satisfaction of the
trial Court and subject to the conditions that, they 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 their passports, if any, to the trial court
within a week, and if they do not possess a passport,
they shall file an affidavit to that effect;
NEUTRAL CITATION
R/CR.MA/7983/2026 ORDER DATED: 07/04/2026
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[d] not leave the State of Gujarat without prior
permission of the Trial Court concerned;
[e] furnish the present address of their residence to
the I.O. and to the Court at the time of execution of the
bond together with documentary proof and shall not
change their residence without prior intimation to the
I.O. and the court;
[f] mark their presence on every Monday and Tuesday
respectively, before the concerned police station, till
the completion of trial;
[g] not indulge in similar kind of offence hereinafter,
for which, they shall file affidavits before the
concerned court and the police station;
10. The Authorities will release the applicants only if
they are 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.
NEUTRAL CITATION
R/CR.MA/7983/2026 ORDER DATED: 07/04/2026
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11. Bail bond to be executed before the trial 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.
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 applicants on regular bail. The
application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
