[Cites 4, Cited by 0]
Gujarat High Court
Navab @ Maharaj Ishaqali Saiyed vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/4399/2026 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. 4399 of 2026
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NAVAB @ MAHARAJ ISHAQALI SAIYED
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MS VIMLA H CHAUHAN(12480) for the Applicant(s) No. 1
MR NIRAJ SHARMA 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. Kishan Daiya appearing on
behalf of the applicant and learned Additional Public
Prosecutor Mr. Niraj Sharma 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
NEUTRAL CITATION
R/CR.MA/4399/2026 ORDER DATED: 20/02/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11210007250066 of 2025 registered with Jahangirpura
Police Station, Surat City for the offence punishable under
Sections 8(C), 22(C) and 29 of the NDPS 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 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.
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R/CR.MA/4399/2026 ORDER DATED: 20/02/2026
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6. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
i. Allegation in the FIR being that the accused had dealt in
contraband - Methamphetamine weighing around 52 grams.
ii. The role attributed to the present applicant being of
having supplied the contraband in question to the co-
accused who was found in conscious possession.
iii. The co-accused in conscious possession having been
considered by this Court on the ground that the co-accused
was an addict.
iv. The fact of the role attributed to the applicant coming
out from the statement of co-accused predominantly.
v. Well it is attempted to be submitted that the presence of
the applicant was found with co-accused in CCTV footage
yet, that by itself may not be the material on basis on
which the applicant would be required to remain in custody
even after the charge-sheet is filed.
vi. The fact of the applicant, having received money from
one Abdul Ansari (witness), and whereas the money
received, approximately Rs.25,000/- was in the year 2024
and whereas the allegation being that the said witness
Abdul Ansari, had deposited the money in the account of
the applicant upon the instruction of the co-accused
Sevantilal and co-accused Bharat who was found in
conscious possession.
vii. To the Court it would appear that an amount of
Rs.25,000/- transferred to the present applicant in the year
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R/CR.MA/4399/2026 ORDER DATED: 20/02/2026
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2024, when the contraband had been caught by the
investigating officer in the month of February, 2025, would
not be a good ground to keep the present applicant in
custody any further.
viii. The fact of the applicant being 61 years old person,
without any antecedent of whatsoever nature.
ix. Apprehension expressed by learned APP 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 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.
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. 11210007250066 of 2025 registered with
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R/CR.MA/4399/2026 ORDER DATED: 20/02/2026
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Jahangirpura Police Station, Surat , on executing a bond of
Rs.1,00,000/- (Rupees One Lakh 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 every fortnight till the trial
concludes 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 be free to take appropriate
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R/CR.MA/4399/2026 ORDER DATED: 20/02/2026
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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)
NAIR SMITA V./32-DB
