[Cites 4, Cited by 0]
Gujarat High Court
Rasiya Abdul Kapur vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9489/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9489 of 2026
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RASIYA ABDUL KAPUR
Versus
STATE OF GUJARAT
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Appearance:
MR. RAHUL R DHOLAKIA(6765) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant 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 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. 11210015250152 of
2025 registered with D.C.B. Police Station, Surat City, for
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R/CR.MA/9489/2026 ORDER DATED: 23/04/2026
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the offence punishable under Sections 8(c), 20(b)(ii)(B)
and 29 of the NDPS Act, 1985.
4. Learned advocate for the applicant Mr.Rahul
Dholakiya 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. Learned advocate upon
instructions submits that though the applicant is a
resident of Tamilnadu, the applicant will remain within
the geographical limits of Gujarat till the completion of
the trial.
5. As against the same, learned Additional Public
Prosecutor appearing for the respondent - State has
vehemently objected to the grant of regular bail. Learned
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R/CR.MA/9489/2026 ORDER DATED: 23/04/2026
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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.
6. I have heard learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-
i. Though the applicant is a permanent resident of
Tamilnadu, she would be available at the time of trial.
ii. The applicant does not have any criminal
antecedent.
iii. Investigation has been completed and charge-sheet
has been filed.
iv. As per the case of the prosecution, the applicant
along with co-accused Mohammad Iqbal Khan were
sent to Bangkok to fetch contraband hybrid 'Ganja'.
While both of them landed at Surat International
Airport along with contraband hybrid 'Ganja', they
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R/CR.MA/9489/2026 ORDER DATED: 23/04/2026
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came to be arrested.
v. Rasiya was promised Rs.20,000/- as commission if
she would travel to Bangkok and bring the contraband
hybrid 'Ganja' from Bangkok.
vi. The seized contraband hybrid 'Ganja' weighing
17.658 kgs is of intermediate quantity.
vii. The apprehension of the learned APP as
regards the applicant if granted bail, she would once
again indulge in such or similar offense, can be put to
rest by imposing stringent 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
the applicant in the First Information Report, without
discussing the evidence in detail, prima facie, this Court
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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 FIR being C.R. No. 11210015250152 of 2025
registered with D.C.B. Police Station, Surat City, on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand only) with two local sureties 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 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;
[d] not to leave District:Surat without prior permission
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of the Sessions Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of
the bond along with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
[f] mark presence on every alternate day for one month
and thereafter once every week before the concerned
police station till the trial is over.
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file an affidavit before the
concerned court and the 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 Court concerned will be at liberty to take
appropriate action in accordance with law.
10. Bail bond to be executed before the competent Court
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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 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.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
