[Cites 6, Cited by 0]
Gujarat High Court
Abrarkhan S/O Yunuskhan Pathan vs State Of Gujarat on 29 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/749/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 749 of 2026
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ABRARKHAN S/O YUNUSKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MS SHREYA OJHA(14681) 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 : 29/04/2026
ORAL ORDER
1. Heard learned Senior Advocate Mr.I.H. Syed with learned
Advocate Ms. Shreya Ojha 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 applicant on
Regular Bail in connection with FIR being C.R. No. 11191011240295 of
2024 registered with D.C.B. Police Station, Ahmedabad City, for the
offence punishable under Sections 8(C), 21(C) and 29 of the NDPS Act.
4. Learned Senior Advocate for the applicant would submit that
NEUTRAL CITATION
R/CR.MA/749/2026 ORDER DATED: 29/04/2026
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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.
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 transacted in prohibited
contraband Mephedrone weighing 256 grams approximately in total.
ii. It would appear in this regard that based upon a secret information,
the Investigating Officer had raided a premises, not belonging to the
present applicant, and whereas six persons were found at the spot and
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R/CR.MA/749/2026 ORDER DATED: 29/04/2026
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whereas various quantities of the contraband were found with each of
the said accused, which total to 256.860 milligrams.
iii. As against the same, it would appear that from the possession of
the present applicant approximately 5.120 milligrams of the
contraband substance was recovered.
iv. While the present is stated to have 07 antecedents, yet, it would
appear that none of the antecedents are under the NDPS Act.
v. This Court has also considered the fact that the present applicant is
in custody since 20.11.2024, the charge-sheet having been laid and
since the quantity of the contraband recovered from the conscious
possession of the applicant is intermediate, the rigors of Section
37(1)(b)(ii) of the NDPS Act would not come into play.
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.
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8. Hence, the present application is allowed. The applicant is ordered
to be released on bail in connection with FIR being C.R. No.
11191011240295 of 2024 registered with D.C.B. Police Station,
Ahmedabad City, on executing a bond of Rs.25,000/- (Rupees Twenty
Five Thousand only) with one surety 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 lower court within a week;
[d] not leave the InterimState 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 a month for a period of six months 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
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R/CR.MA/749/2026 ORDER DATED: 29/04/2026
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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 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)
BDSONGARA
