[Cites 5, Cited by 0]
Gujarat High Court
Ganeshbhai Raghunath Indrekar vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/11388/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11388 of 2026
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GANESHBHAI RAGHUNATH INDREKAR
Versus
STATE OF GUJARAT
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Appearance:
MR SIKANDER SAIYED(3458) for the Applicant(s) No. 1
MS. ZAINAB SIKANDER SAIYED(18345) for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/05/2026
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 Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for
regular bail in connection with FIR being C.R. No.
11994001260023 of 2026 registered with Ahmedabad
Railway Police Station, Ahmedabad City for the offences
under Sections 8(c), 20(b)(ii),B, and 29 of the Narcotic Drugs and
Psychotropic Substances (NDPS) Act, 1985.
[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. Investigation is over and chargesheet
has been filed. Nothing is required to be recovered or discovered.
Co-accused are granted bail by the coordinate Bench of this
Court and on the ground of parity also, applicant may be
NEUTRAL CITATION
R/CR.MA/11388/2026 ORDER DATED: 11/05/2026
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enlarged on bail. 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 requested to dismiss
the present application for regular bail on the ground that the
applicant is very much involved in the present offence and
considering the gravity of offence, no case is made out to
entertain present bail application. Further, it is submitted that if
he is released on bail, possibility cannot be ruled out that the
applicant will flee from justice. Therefore, present application
does not deserve 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
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R/CR.MA/11388/2026 ORDER DATED: 11/05/2026
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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 charge-sheet is filed;
(2) Applicant is behind the bar since 17.01.2026;
(3) There is nothing to be recovered or discovered from
the applicant;
(4) The alleged role attributed to the present applicant is
that he was found in conscious possession of 4.010
kilograms of Charas along with his wife. However, his
wife has been released on bail.
(5) Co-accused having similarly situated role are
enlarged on regular bail and therefore, on the ground
of parity also (Rameshbhai Batubhai Dhabi Vs.
State of Gujarat reported in 2011 (3) GLR 1999),
present application deserves consideration.
(6) Obviously commencement and conclusion of trial will
take its own time.
[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,
NEUTRAL CITATION
R/CR.MA/11388/2026 ORDER DATED: 11/05/2026
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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.
11994001260023 of 2026 registered with Ahmedabad
Railway Police Station, Ahmedabad City on executing a
personal bond of Rs.25,000/- (Rupees Twenty-five Thousand
only) with one surety of the like amount to the satisfaction of the
trial Court and subject to the conditions that he/she 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 leave the State of Gujarat without prior permission
of the Trial Court concerned;
(e) mark presence before the concerned Police Station once
in every month for a period of six months between 11.00
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R/CR.MA/11388/2026 ORDER DATED: 11/05/2026
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a.m. and 2.00 p.m.;
(f) furnish the Aadhaar 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 without
prior permission of Trial Court;
(g) not to indulge in any illegal activity failing which learned
trial Court shall issue warrant and cancel the bail of 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)
Ali
