[Cites 5, Cited by 0]
Gujarat High Court
Rahulsingh Sureshsingh vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/3152/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 3152 of 2026
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RAHULSINGH SURESHSINGH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HARDIK H DAVE(6295) for the Applicant(s) No. 1
MR. VISHAL B VINCHI(19210) for the Applicant(s) No. 1
MR LB DABHI, 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 Ms.Riddhi Yadav for learned
advocate Mr.Hardik Dave appearing on behalf of the applicant
and learned Additional Public Prosecutor Mr.L.B.Dabhi on
behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of
the respondent-State.
3. The present applicant who has been arraigned as an
accused has preferred 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. 11200049260078 of 2026 registered with Vapi GIDC
Police Station, District: Valsad for the offences punishable
under Sections 8(C), 20(b)(II)(A), 29 of Narcotic Drugs and
Psychotropic Substances Act, 1985 ( hereinafter referred to
as the 'NDPS Act') before filing of the charge-sheet more
particularly the application preferred by the applicant having
been rejected by the learned Trial Court.
NEUTRAL CITATION
R/CR.MA/3152/2026 ORDER DATED: 20/02/2026
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4. Learned Advocate on behalf of the applicant would
submit that considering the role attributed to the applicant,
and nature of the allegation levelled against, the applicant
may be enlarged on regular bail. It is further submitted that
since the charge-sheet is not filed no useful purpose would be
served by keeping the applicant in jail for indefinite period. It
is further submitted that applicant is ready and willing to
abide by all the conditions that may be imposed by this Court
if released on bail.
5. The present application is vehemently objected to by
learned APP on behalf of respondent- State by submitting that
looking to the nature of offence and the role attributed to the
present applicant, this Court may not exercise the discretion
in favour of the applicant and the application may be
dismissed.
6. This Court has heard learned Advocates for the
respective parties and perused the FIR including the charge-
sheet papers as well as order passed by learned Session Court
as well as affidavit filed by the investigating officer before the
learned Trial Court.
7. This Court has also considered the following aspects:
(i) The allegation under the NDPS Act more
particularly the contraband being Ganja weighing
around 270 grams.
NEUTRAL CITATION
R/CR.MA/3152/2026 ORDER DATED: 20/02/2026
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(ii) Considering the smallness of the quantity and also
having regard to the fact that the applicant has no
antecedents, this Court is inclined to consider this
application.
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.
8. 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. Hence, the present application is
allowed. The applicant is ordered to be released on bail in
connection with FIR being C.R. No. 11200049260078 of 2026
registered with Vapi GIDC Police Station, District: Valsad on
executing a bond of Rs.10,000/- (Rupees Ten Thousands 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] Mark presence in the concerned Police Station once
NEUTRAL CITATION
R/CR.MA/3152/2026 ORDER DATED: 20/02/2026
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in a week till charge-sheet is laid and thereafter once in
a month for a period of three months;
[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 residential address without
prior intimation to the I.O.
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 Judge 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
