[Cites 5, Cited by 0]
Gujarat High Court
Pukhraj S/O. Dayaram @ Dayaram ... vs State Of Gujarat on 10 March, 2026
NEUTRAL CITATION
R/CR.MA/5692/2026 ORDER DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5692 of 2026
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PUKHRAJ S/O. DAYARAM @ DAYARAM RAJPUROHIT
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR.NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 10/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Kishan Daiya on behalf of
the applicant and learned Additional Public Prosecutor
Mr. Niraj Sharma on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of
the respondent-State.
3. The present applicant who has been arraigned as an
accused has preferred 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.11200050251283 of 2025
registered with Nana Pondha Police Station, District:
Valsad for the offences punishable under Sections 8(C),
15(B) and 29 of Narcotic Drugs and Psychotropic
Substances Act, 1985 (hereinafter to be referred to as the
NEUTRAL CITATION
R/CR.MA/5692/2026 ORDER DATED: 10/03/2026
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'NDPS Act') after filing of the charge-sheet more
particularly the application preferred by the applicant
having been rejected by the learned Trial Court.
4. Learned Advocate on behalf of the applicant would
submit that considering the role attributed to the
applicant, and nature of the allegation levelled against,
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 submitted that
applicant is ready and willing to abide by all the
conditions that may be imposed by this Court if released
on bail.
5. The present application is vehemently objected to by
learned APP on behalf of respondent- State by submitting
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. This Court has heard learned Advocates for the
respective parties and perused the FIR including the
charge-sheet papers as well as order passed by learned
Session Court as well as affidavit filed by the
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R/CR.MA/5692/2026 ORDER DATED: 10/03/2026
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investigating officer before the learned Trial Court.
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. This Court has also considered the following aspects:
(i) The fact of the contraband substance-Poppy Straw
recovered from the applicant weighing approximately
4.550 kilogram which is intermediate quantity;
(ii) That fact that there are no antecedents against the
present applicant of him being involved in any offence of
like nature.
(iii) The fact that the applicant is in custody since
23.01.2026 and the charge-sheet having been laid.
(iv) The co-accused Mukeshsingh Rajpurohit has already
been released on regular bail by the coordinate bench of
this Court, vide order passed in Criminal Misc.
Application No.25834 of 2025 on 10.12.2025.
9. In the facts and circumstances of the case and
considering the nature of the allegations made against in
NEUTRAL CITATION
R/CR.MA/5692/2026 ORDER DATED: 10/03/2026
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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. Hence, the present
application is allowed. The applicant is ordered to be
released on bail in connection with FIR being C.R.
No.11200050251283 of 2025 registered with
Nanapondha Police Station, District: Valsad on executing
a bond of Rs.25,000/- (Rupees Twenty Five Thousands
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] Mark his presence in the concerned Police Station
once a week for a period of six months between 11:00
a.m. and 2:00 p.m.
[f] furnish the present address of residence to the I.O.
and the Court at the time of execution of the bond and
shall not change his residential address without prior
intimation to the I.O. and the Court.
NEUTRAL CITATION
R/CR.MA/5692/2026 ORDER DATED: 10/03/2026
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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/Special Judge concerned will be
free to take appropriate action in the matter.
11. Bail bond to be executed before the Special 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 Special 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.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
