[Cites 5, Cited by 0]
Gujarat High Court
Mujahidkhan Riyajkhan Yusufjay Pathan vs State Of Gujarat on 10 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5898/2026 ORDER DATED: 10/03/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5898 of 2026
==========================================================
MUJAHIDKHAN RIYAJKHAN YUSUFJAY PATHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. AJAJ M MAKRANI(17609) for the Applicant(s) No. 1
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Maulik Soni 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 C.R. No. 11203004250586 of
2025 registered with C Division Police Station, District: Junagadh, for
the offence punishable under Sections 8(c), 20(b) (II) (B), and 29 of the
NDPS Act.
NEUTRAL CITATION
R/CR.MA/5898/2026 ORDER DATED: 10/03/2026
undefined
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.
6. Having regard to the fact that the applicant has prayed for grant of
regular bail, learned Advocates appearing on behalf of the respective parties
do not press for further reasoned order.
7. I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:-
(i) The fact of offence being of transacting around 3 kilogram
contraband material- Ganja and whereas it would appear that role
of the present applicant is regarding to coordinating with the accused
who had brought the contraband material from Bangkok to India.
NEUTRAL CITATION
R/CR.MA/5898/2026 ORDER DATED: 10/03/2026
undefined
(ii) The applicant being caught along with other co-accused with
the contraband and whereas while the small quantity for the
contraband in question is 01 Kg., the commercial quantity is 20 Kgss,
whereas the applicant having been caught with a contraband worth
around 3.160 Kgs.
(iii) While there is one antecedent against the applicant, the same is
not being under the NDPS Act.
(iv) The fact of the applicant being in custody since 05.11.2025 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.
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 C.R. No.
11203004250586 of 2025 registered with C Division Police Station,
NEUTRAL CITATION
R/CR.MA/5898/2026 ORDER DATED: 10/03/2026
undefined
District: Junagadh, on executing a bond of Rs.50,000/- (Rupees Fifty
Thousand only) with one surety of 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 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 with the concerned Police Station once in a month for
a period of six months between 11:00 a.m. to 2:00 p.m.
[g] except for marking presence at the concerned Police Station not
enter in District Junagadh for a period of six months.
10. 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.
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.
NEUTRAL CITATION
R/CR.MA/5898/2026 ORDER DATED: 10/03/2026
undefined
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)
BDSONGARA
