[Cites 3, Cited by 0]
Gujarat High Court
Somabari @ Khushi D/O. Nirmla Pradhan vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/4348/2026 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. 4348 of 2026
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SOMABARI @ KHUSHI D/O. NIRMLA PRADHAN
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP 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.K.H. Daiya appearing on behalf
of the applicant and learned Additional Public Prosecutor Mr.
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 the
applicant on Regular Bail in connection with FIR being C.R. No.
11210067240276 of 2024 registered with Saroli Police Station,
District : Surat City, for the offence punishable under Sections
8(C), 20(B)(ii)(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
NEUTRAL CITATION
R/CR.MA/4348/2026 ORDER DATED: 20/02/2026
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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 co-accused had transported
contraband ganja weighting around 30 kgs, and whereas it
would appear that the recovery from the present applicant
was around 15 kgs.
ii. The fact of the ganja being found in separate bags being
carried by the present applicant and co-accused;
iii. The fact of the applicant. immediately upon being
apprehended, stating that the applicant and the co-accused
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R/CR.MA/4348/2026 ORDER DATED: 20/02/2026
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wanted to get married since they were having a love affair,
and whereas the applicant having agreed to do the work of
transporting the contraband to earn some money ;
iv. The fact of the applicant being a 23 year old lady without
any antecedents, in custody since 04.06.2024 and the trial
not having proceeded substantially;
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 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.
10. 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. 11210067240276 of 2024 registered with Saroli
Police Station, District : Surat 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 she shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the
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R/CR.MA/4348/2026 ORDER DATED: 20/02/2026
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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 proposed 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 before the concerned police station once a
month for six months;
11. The Authorities will release the applicant only if she 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.
12. 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.
13. 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.
NEUTRAL CITATION
R/CR.MA/4348/2026 ORDER DATED: 20/02/2026
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14. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
KUMAR ALOK
