[Cites 4, Cited by 0]
Gujarat High Court
Tunna S/O Sombari Shetty vs State Of Gujarat on 27 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5042/2026 ORDER DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5042 of 2026
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TUNNA S/O SOMBARI SHETTY
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 27/02/2026
ORAL ORDER
1. Heard learned advocate Mr. K.H. Daiya appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya,
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 CR. No.11210047250639 of 2025
registered with Udhana Police Station, Surat, 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 bail. It is further submitted that since
the charge-sheet is filed no useful purpose would be served by keeping the
NEUTRAL CITATION
R/CR.MA/5042/2026 ORDER DATED: 27/02/2026
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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 allegations being very serious i.e. quantity of around 24 kilograms
of ganja recovered from the conscious possession of the accused, and
whereas 12.070 kilograms being recovered from the conscious
possession of the present applicant;
ii. The fact of the applicant being named as courier who had been
employed to transport the contraband from Orissa to Surat;
iii. The fact of the applicant not being named as the owner of the
contraband nor being the proposed receiver of the contraband;
iv. Though, prima facie, it would appear that the present applicant had
knowingly entered into the business, more particularly for
transporting the contraband in question, yet considering that the
applicant is not attributed any role of either ownership or being
NEUTRAL CITATION
R/CR.MA/5042/2026 ORDER DATED: 27/02/2026
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recipient or deal in contraband in question and having regard to the
fact that the applicant is in custody since 06.04.2025 and the charge-
sheet having been filed, this Court is inclined to consider this
application.
7. 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 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.
9. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with F.I.R. registered as CR.
No.11210047250639 of 2025 registered with Udhana Police Station, Surat,
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 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
NEUTRAL CITATION
R/CR.MA/5042/2026 ORDER DATED: 27/02/2026
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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 a period of six
months;
10. 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.
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)
Y.N. VYAS
