[Cites 7, Cited by 0]
Gujarat High Court
Alpeshbhai @ Appu Ramanbhai Melabhai ... vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/1119/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1119 of 2026
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ALPESHBHAI @ APPU RAMANBHAI MELABHAI MAKWANA
Versus
STATE OF GUJARAT
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Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/02/2026
ORAL ORDER
1. Heard learned advocate Mr.O.I.Pathan appearing on
behalf of the applicant and learned Additional Public
Prosecutor Mr.Trupesh Kathiriya 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. 11206050250300/2025 registered with
Nandasan Police Station, Mehsana for the offence punishable
under Sections 8(C), 21(B), 29 of the NDPS Act.
4. Learned advocate for the applicant would submit that
NEUTRAL CITATION
R/CR.MA/1119/2026 ORDER DATED: 20/02/2026
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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. The allegation being that the accused have transacted
into contraband - Codeine Phosphate Syrup - 110 bottles
and it would appear that the same was found in conscious
NEUTRAL CITATION
R/CR.MA/1119/2026 ORDER DATED: 20/02/2026
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possession of the applicant.
ii. The fact of the present applicant appearing to be a
person who is indulged in retail sale and not the owner of
pharmaceutical shop which was dealing in the product in
question.
iii. Though the applicant is stated to have four antecedents,
none of then being under the NDPS Act, three of them
being under the Gambling Act and one under Section 429
of the IPC.
iv. The fact of the applicant being in custody since
18.07.2025 and the charge-sheet having been laid.
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.
NEUTRAL CITATION
R/CR.MA/1119/2026 ORDER DATED: 20/02/2026
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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. 11206050250300/2025 registered with
Nandasan Police Station, Mehsana, 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 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 a month for a period of six months
before the concerned police station.
NEUTRAL CITATION
R/CR.MA/1119/2026 ORDER DATED: 20/02/2026
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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
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)
Bhoomi
