[Cites 4, Cited by 0]
Gujarat High Court
Shahebaz @ Alam Irshadhusain Khan vs State Of Gujarat on 6 March, 2026
NEUTRAL CITATION
R/CR.MA/1575/2026 ORDER DATED: 06/03/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 1575 of 2026
==========================================================
SHAHEBAZ @ ALAM IRSHADHUSAIN KHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR SALIM M SAIYED(5172) for the Applicant(s) No. 1
MR. MEET THAKKAR, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 06/03/2026
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 C.R. No. 11210061240192 of 2024
registered with Lalgate Police Station, Surat for the offences punishable under
Sections 8(C), 22(C) and 29 of the Narcotic Drugs and Psychotropic
Substances Act.
2. Heard learned Advocate for the Applicant and learned APP for the
Respondent - State.
3. Learned Advocate for the Applicant has submitted that the Applicant has
been arrested in connection with the present offence on 12.08.2024 and since
then the Applicant is in the custody. The other co-accused have been
considered for grant of bail. The role attributed to the present Applicant is
similar in nature with the other co-accused who have been considered for grant
of bail. There is no progress in the trial and only 3 witnesses have been
examined till date. Learned Advocate for the Applicant has further submitted
that the Applicant has good reputation in the society and no useful purpose
NEUTRAL CITATION
R/CR.MA/1575/2026 ORDER DATED: 06/03/2026
undefined
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.
4. Per contra, learned APP has opposed the present application for grant of
regular bail contending that the Applicant had actively participated in
commission of the offence in question. Moreover, the investigating agency has
captured CCTV Footages of the place of the raid wherein the presence of the
present Applicant is seen. 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
Applicant had earlier preferred Criminal Misc. Application No. 12753 of 2025
which was allowed to be withdrawn by this Court vide order dated 14.08.2025.
Thereafter the present successive bail application has been filed by the
Applicant.
6. Learned Advocate for the Applicant is not in a position to show any
change in circumstances after the withdrawal of the earlier bail application. So
far as the role attributed to the present Applicant in commission of the offence
is concerned, it is to the effect that the police authorities had received a secret
information, and, on the basis of the said secret information, a raid was carried
out by the police authorities, and the present Applicant, after having seen the
police, had tried to escape from the place of incident and had also thrown the
bag containing contraband substance on the road. The CCTV Footages
captured during the course of investigation clearly indicate that the present
Applicant has tried to escape from the place of incident.
7. So far as the delay in trial is concerned, in view of the judgment of Apex
NEUTRAL CITATION
R/CR.MA/1575/2026 ORDER DATED: 06/03/2026
undefined
Court in case of Union of India v. Vigin K. Varghese, reported in 2025 INSC
1316 the delay in trial cannot be a ground in case the Applicant is involved in
the offence of possession of contraband substance. Hence, no case is made out.
The Application is dismissed.
(M. R. MENGDEY,J)
J.N.W / 23
