[Cites 4, Cited by 0]
Gujarat High Court
Prajapati Ghevaram Vohtaram Lalaram vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/1810/2026 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. 1810 of 2026
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PRAJAPATI GHEVARAM VOHTARAM LALARAM
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR NIRAJ SHARMA ADDITIONAL 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 on behalf of the applicant
and learned Additional Public Prosecutor Mr. Niraj Sharma 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 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. 11217030241359 of 2024 registered
with Sidhpur Police Station, Patan for the offence punishable under
Sections 17(B) and 29 of the 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
NEUTRAL CITATION
R/CR.MA/1810/2026 ORDER DATED: 20/02/2026
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having been rejected by the learned Trial Court.
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 as coming out from
the FIR, 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 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 is as regards being dealt with the contraband-
Opium weighing around 1.66 kilograms and whereas it would appear
that the same was not found in the conscious possession of the
present applicant.
(ii) It would appear in this regard that the person, brother of the
NEUTRAL CITATION
R/CR.MA/1810/2026 ORDER DATED: 20/02/2026
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present applicant, is also arraigned as an accused insofar as the
present offence is concerned and the submission being that both the
present applicant and his brother were addicted to the said substance
and whereas the same appears to be confirmed by the Investigating
Officer in his affidavit and whereas the same also appears to have
been considered by a Co-ordinate Bench while releasing the brother
of the present applicant vide an order dated 19.06.2025 in Criminal
Misc. Application No. 11582 of 2025.
8. 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.
9. 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. 11217030241359 of 2024 registered with Sidhpur Police
Station, Patan on executing a bond of Rs.1,00,000/- (Rupees One Lac
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
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R/CR.MA/1810/2026 ORDER DATED: 20/02/2026
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Sessions Court concerned;
[e] Mark his presence in the concerned Police Station once in a
month for a period of six months.
[f] 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.
10. 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.
11. 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.
12. 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.
13. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
