[Cites 2, Cited by 0]
Gujarat High Court
Abdulkhan @ Dholo Khansabkhan Pathan vs State Of Gujarat on 10 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5604/2026 ORDER DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 5604 of 2026
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ABDULKHAN @ DHOLO KHANSABKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Darshit Brahmbhatt appearing
on behalf of the applicant and learned Additional Public
Prosecutor Mr. Hardik Mehta 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
NEUTRAL CITATION
R/CR.MA/5604/2026 ORDER DATED: 10/03/2026
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C.R. No. 11204068250446 of 2025 registered with Vadtal Police
Station, District: Kheda for the offence punishable under
Sections 8(c), 20(b)(ii)(b) read with Section 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.
NEUTRAL CITATION
R/CR.MA/5604/2026 ORDER DATED: 10/03/2026
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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 have
transacted in the contraband - cannabis weighing around
3.840 kilograms i.e. intermediate quantity, the small
quantity being upto 1 kilogram and the commercial quantity
being above 20 kilograms.
ii. The allegation against the applicant being that the
applicant had sent co-accused, who had been considered by
this Court namely, Iqbalhussein Sheikh and Vilayat Khan, to
Orrisa for procuring the contraband and whereas, the said
accused having been apprehended along with the present
applicant while they were returning back from the railway
station in a car.
iii. It would also appear that the investigation has unearthed
the applicant having sent some money to the co-accused
who was the actual supplier.
iv. This Court has also considered the fact that later, the
investigation has revealed that the applicant, was supposed
to give to other co-accused, more particularly, accused No.4
in the charge-sheet namely, one Mohammed Ibrahim @ Ibu.
v. This Court has also considered the fact that while the
NEUTRAL CITATION
R/CR.MA/5604/2026 ORDER DATED: 10/03/2026
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contraband in question is much less than the commercial
quantity, that there are no antecedents against the present
applicant of being involved in a like offence or of any of
the offence whatsoever nature.
vi. That the applicant being in custody since 08.11.2025 and
the charge-sheet having been filed.
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. 11204068250446 of 2025 registered with
Vadtal Police Station, District: Kheda, on executing a bond of
Rs.50,000/- (Rupees Fifty Thousand only) with one surety of
NEUTRAL CITATION
R/CR.MA/5604/2026 ORDER DATED: 10/03/2026
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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 in a month for a period of one year
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
action in the matter.
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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./16-DB
