[Cites 5, Cited by 0]
Gujarat High Court
Ramchandra S/O Banamar Somnath Patra vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/11012/2026 ORDER DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11012 of 2026
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RAMCHANDRA S/O BANAMAR SOMNATH PATRA
Versus
STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1
MS MONALI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is filed under Section 483 of the Bharatiya
Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in
connection with FIR being C.R. No. 11200011260322 of 2026 registered
with Valsad Rural Police Station, Dist. Valsad, for the offence under
Sections 8(c), 20(b)(ii)B and 29 of NDPS Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Investigation is over and chargesheet has been filed. Allegation against the
applicant is that, he was supplier of the contraband substance which is not
commercial quantity. It is submitted that, nothing is recovered from the
conscious possession of the applicant and not only that, based on the
statement of co-accused, the applicant is arraigned as an accused. He
therefore submits that, considering the nature of the offence, the applicant
may be enlarged on regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant is facing
serious charges and involved in trafficking of narcotic drugs. Therefore, it is
NEUTRAL CITATION
R/CR.MA/11012/2026 ORDER DATED: 07/05/2026
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very much establishes that the applicant is involved in the offence and if he
is granted bail, possibility cannot be ruled out to indulge himself in such
type of offence again. Considering the gravity of offence, application does
not deserve any consideration.
[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.
[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
(1) Investigation is over and chargesheet has been filed;
(2) Applicant is behind the bar since 18.03.2026;
(3) There is nothing to be recovered or discovered from the applicant;
(4) There is no possibility to conclude the trial in near future.
(5) Having no similar type of offence.
(6) Based on the statement of co-accused, he has been arraigned as an
accused.
(7) Recovered quantity is not commercial quantity and therefore,
rigorous of Section 37 would not be applicable.
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R/CR.MA/11012/2026 ORDER DATED: 07/05/2026
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[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that "bail is a rule and jail is exception" as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.
[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, 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 regular bail in connection with FIR being C.R. No.
11200011260322 of 2026 registered with Valsad Rural Police Station,
Dist. Valsad on executing a personal bond of Rs.25,000/- (Rupees twenty
five thousand) with one local 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 &
shall not obstruct or hamper the police investigation and shall
not to play mischief with the evidence collected or yet to be
collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not to leave India till trial is over, without prior permission of the
Trial Court concerned;
(e) mark presence before the concerned police station once in a
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month for a period of six months;
(f) furnish the Aadhar card, email ID/present address of his
residence to the Investigating Officer and also to the Court at
the time of execution of the bond and shall not change the
residence/contact number, SIM number without prior permission
of Trial Court;
(g) if the applicant is found to be indulged in any illegal activities in
future, the trial Court concerned will be free to issue warrant and
cancel the bail granted to the applicant.
[9.0] 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 Judge concerned will be free to
issue warrant or take appropriate action in the matter.
[10.0] 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.
[11.0] At the trial, the trial Court shall not be influenced by the observations
of preliminary nature qua the evidence at this stage made by this Court
while enlarging the applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
SUCHIT
