[Cites 4, Cited by 0]
Gujarat High Court
Anilkumar Debraj Behera vs Staet Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7749/2026 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 7749 of 2026
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ANILKUMAR DEBRAJ BEHERA
Versus
STAET OF GUJARAT
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Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MR. DINESHKUMAR R. BEHERA(19539) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP 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. D.P. Soni 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 the
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R/CR.MA/7749/2026 ORDER DATED: 08/04/2026
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applicant on Regular Bail in connection with FIR being C.R. No.
11210004250716 of 2025 registered with Amroli Police Station,
Surat City, for the offence punishable under Sections 8(C), 20(B)(II)
(C) and 29 of the Narcotic Drugs and Psychotropic Substances 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 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.
7. 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
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R/CR.MA/7749/2026 ORDER DATED: 08/04/2026
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exercise the discretion in favour of the applicant 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. Allegation is of having transacted in the prohibited
contraband - Ganja which was weighing around 22 kilograms
that is above the commercial quantity.
ii. The fact of the applicant even after the charge-sheet is
filed, is shown as the carrier of the contraband and neither
the main supplier nor the ultimate recipient.
iii. It appears that the applicant know the supplier and
whereas, it appears that the applicant may not have any
permanent employment and he was in look out of some
money and he had agreed to take up the job of acting as a
carrier-mule to carry the contraband from Odisha to Surat for
a sum of Rs.10,000/-.
iv. The fact of the applicant being in custody since 8th April,
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R/CR.MA/7749/2026 ORDER DATED: 08/04/2026
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2025, charge-sheet having been filed and the applicant not
having any antecedent.
v. Apprehension of the learned APP that the applicant not
being resident of the State of Gujarat, if released, may
abscond, could be allayed by imposing suitable conditions.
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 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. 11210004250716 of 2025 registered with Amroli Police
Station, Surat City, on executing a bond of Rs.25,000/- (Rupees
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Twenty Five Thousand only) with one surety of the like amount to
the satisfaction of the trial Court and subject to the conditions that
she 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 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] to mark his presence once a month for a period of one year
before the concerned police station;
9. The Authorities will release the applicant only if she 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.
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10. Bail bond to be executed before the 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.
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)
PD
