[Cites 6, Cited by 0]
Gujarat High Court
Yuktakumari D/O Ashishkumar ... vs State Of Gujarat on 23 February, 2026
NEUTRAL CITATION
R/CR.MA/3851/2026 ORDER DATED: 23/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 3851 of 2026
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YUKTAKUMARI D/O ASHISHKUMAR DHANSUKHBHAI MODI
Versus
STATE OF GUJARAT
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Appearance:
MR. NIRUPAM D. NANAVATY, SENIOR ADVOCATE with MR YASH N
NANAVATY(5626) for the Applicant(s) No. 1
MR. H.K.PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 23/02/2026
ORAL ORDER
1. 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 ATS No. III-3 of 2025 registered
with ATS Police Station, Ahmedabad for the offence under Sections 9A, 25A,
28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act and
Sections 336(2), 340(2), 350(1) and 238 of the Bharatiya Nyaya Sanhita, 2023.
2. Heard learned Senior Advocate for the Applicant and learned APP for
the Respondent - State.
Rule. Learned APP waives service of notice of Rule on behalf of the
Respondent - State.
3. Learned Senior Advocate for the Applicant has submitted that the
Applicant has good reputation in the society and 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.
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R/CR.MA/3851/2026 ORDER DATED: 23/02/2026
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4. Per contra, learned APP has opposed the present application for grant of
regular bail contending that the Applicant had earlier preferred Criminal Misc.
Application No. 13037 of 2025 which was initially ordered to be dismissed
vide order dated 24.07.2025. However, after the order was pronounced, the
learned Advocate, then appearing for the Applicant sought permission to
withdraw the Application. Thereafter the present successive Application has
been filed. In view of the reasons given by this court for dismissing the earlier
application filed by the Applicant, the subsequent application filed by the other
co-accused being allowed, could not be said to be the change in circumstances.
Learned APP has therefore submitted that looking to the nature of offence, this
Court may not exercise the discretion in favour of the applicant and the
Application may be dismissed.
5. Heard learned Advocates for the parties and perused the record. The
investigation is over and charge sheet is filed. At the outset, it is required to be
noted that earlier the Applicant had preferred Criminal Misc. Application No.
13037 of 2025 which was ordered to be dismissed by this Court vide order
dated 24.07.2025. However, after the order was pronounced by this Court, the
learned Advocate, then appearing for the Applicant sought permission to
withdraw the application and the Applicant was permitted to withdraw the said
application. Thereafter the other co-accused namely Satishkumar Hareshbhai
Suthariya, who happens to be the partner of the present Applicant, was
considered by the Co-ordinate Bench of this court vide order dated 19.01.2026.
The role attributed to the present Applicant is almost similar to the role
attributed to the other co-accused namely Satishkumar Hareshbhai Suthariya.
Considering this aspect, the Application deserves consideration. This court has
also considered the following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are mainly
3 factors which are required to be considered by this court i.e. prima facie case,
NEUTRAL CITATION
R/CR.MA/3851/2026 ORDER DATED: 23/02/2026
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availability of Applicant accused at the time of trial and tampering and
hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the
Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 17.03.2025.
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
6. Having heard the learned Advocates for the parties and perusing the
record produced in this case as well as taking into consideration the facts of the
case, nature of allegations, gravity of accusation, availability of the Applicant
Accused at the time of Trial etc. and the role attributed to the present Applicant
accused, the present Application deserves to be allowed and accordingly stands
allowed. This Court has also gone through the FIR and police papers and also
the earlier order passed by the learned Sessions Court where the learned
Sessions Judge has disallowed the bail Application at initial stage. The
Applicant Accused is ordered to be released on bail in connection with the
aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of
the like amount to the satisfaction of the trial Court, subject to the following
conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any
person acquainted with the fact of the case so as to dissuade him from
disclosing such facts to the Court or any Police Officer or tamper with the
evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of
residence to the Investigating Officer and to the Trial Court at the time of
executing the bond and shall not change the residence without prior permission
of the trial Court.
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R/CR.MA/3851/2026 ORDER DATED: 23/02/2026
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(d) provide contact numbers as well as the contact numbers of the sureties
before the Trial Court. In case of change in such numbers inform in writing
immediately to the trial Court.
(e) mark presence before the concerned Police Station once in a month for a
period of six months between 11:00 a.m. and 2.00 pm.
(f) file an affidavit stating his immovable properties whether self acquired or
ancestral with description, location and present value of such properties before
the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court.
(h) surrender passport, if any, to the Trial Court within a week. If the Applicant
does not possess passport, shall file an Affidavit to that effect.
7. Bail bond to be executed before the Trial Court having jurisdiction to try
the case. It would be open for the Trial Court concerned to give time to furnish
the solvency certificate if prayed for.
8. If breach of any of the above conditions is committed, the Trial Court
concerned will be free to issue warrant or take appropriate action according to
law. The Authorities will release the Applicant forthwith only if the Applicant
is not required in connection with any other offence for the time being.
9. At the trial, the concerned trial Court shall not be influenced by the
prima facie observations made by this Court in the present order.
10. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J)
J.N.W / DB I/4
