[Cites 4, Cited by 0]
Gujarat High Court
Yusufkhan Abdul Gafarkhan Pathan vs State Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6567/2026 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 6567 of 2026
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YUSUFKHAN ABDUL GAFARKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
NANAVATI & CO.(7105) for the Applicant(s) No. 1
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/04/2026
ORAL ORDER
1. Heard learned advocate Mr.Maulik Nanavati appearing on
behalf of the applicant and learned Additional Public
Prosecutor Mr. Hardik Mehta 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
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R/CR.MA/6567/2026 ORDER DATED: 08/04/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11191011250422 of 2025 registered with DCB Police
Station, Ahmedabad for the offence punishable under Sections
8(c), 22(c) 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 no useful purpose would be served by keeping the
applicant in jail for indefinite period. 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 the discretion in favour of the
applicant and the application may be dismissed.
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R/CR.MA/6567/2026 ORDER DATED: 08/04/2026
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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. Allegation being that the accused had dealt in contraband
- Cannabis weighing around 3.892 kilograms.
ii. The present applicant not being the person from whom
the contraband was found.
iii. The fact of the present applicant, being arraigned as an
accused, more particularly, basis statement of co-accused,
being shown as a person who had supplied to another co-
accused, who had supplied it to the accused who was found
in a conscious possession.
iv. While APP has submitted that the present applicant has
antecedent of being involved in one similar offence yet,
copy of the FIR as well as bail order passed by the learned
Sessions Court is provided by learned advocate which would
show that the contraband in other FIR, it is stated to an
antecedent was around 2.230 kilograms and whereas, the
present applicant is not named in the FIR and whereas, his
role is similar to the present FIR, that is the applicant had
allegedly supplied to a co-accused who had supplied to the
accused found in conscious possession.
v. Considering the fact that in none of the cases, the
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R/CR.MA/6567/2026 ORDER DATED: 08/04/2026
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applicant was found in conscious possession and also since
the quantity is intermediate in nature and having regard to
the observations herein above, this Court is inclined to grant
bail.
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.
7. 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.
8. 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. 11191011250422 of 2025 registered with
DCB Police Station, Ahmedabad, on executing a bond of
Rs.50,000/- (Rupees Fifty Thousand only) with one surety of
the like amount to the satisfaction of the trial Court and
subject to the conditions that he shall;
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R/CR.MA/6567/2026 ORDER DATED: 08/04/2026
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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 passport, if any, to the lower court within a
week;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and
also to the Court at the time of execution of the bond and
shall not change the residence without prior intimation to
the I.O.;
[f] mark presence once in a month for a period of one year
before the concerned police station.
9. 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 free to take appropriate
action in the matter.
10. Bail bond to be executed before the lower court having
jurisdiction to try the case. It will be open for the concerned
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Court to delete, modify and/or relax any of the above
conditions in accordance with law.
11. At the stage of trial, the trial 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
considering the application of the applicant for being released
on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
NAIR SMITA V./45-DB
