[Cites 2, Cited by 0]
Gujarat High Court
Umedbhai Maganbhai Patel vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/11168/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 11168 of 2026
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UMEDBHAI MAGANBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
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.11200011260322 of
2026 registered with Valsad Rural Police Station, Dist.
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R/CR.MA/11168/2026 ORDER DATED: 12/05/2026
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Valsad, for the offence under Sections 8(c), 20(b)(ii)B and
29 of NDPS Act.
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, further incarceration of
the applicant will not benefit the Investigation Officer in
any manner. 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 discretion in favour of the applicant and the
application may be dismissed.
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R/CR.MA/11168/2026 ORDER DATED: 12/05/2026
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6. I have heard learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-
i. The applicant is a permanent resident of Valsad
District, hence would be available at the time of trial;
ii. Investigation is over and charge-sheet has been
filed;
iii. The co-accused Ramchandra Banamar Patra, who
was the supplier of the alleged contraband ganja
weighing 1.478 kilo grams, which is of intermediate
quantity, is considered by the co-ordinate bench of this
court, vide order dated 07.05.2026 in criminal misc.
application no. 11012 of 2026.
iv. Learned APP has submitted that, apart from one
previous antecedent registered with aforesaid police
station, the applicant also has one antecedent, which
was registered at Vijaywada police station, Andhra
Pradesh.
v. The apprehension of the learned APP that, the
applicant would once again indulge in similar or such
offence, can be put to rest by imposing stringent
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R/CR.MA/11168/2026 ORDER DATED: 12/05/2026
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conditions.
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. In the facts and circumstances of the case and
considering the nature of the allegations made against
the applicant 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 applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R.
No.11200011260322 of 2026 registered with Valsad Rural
Police Station, Dist. Valsad, on executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with two
local sureties of the like amount to the satisfaction of
the trial Court and subject to the conditions that he
shall;
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R/CR.MA/11168/2026 ORDER DATED: 12/05/2026
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[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 his passport, if any, to the trial court
within a week, and if he does not possess a passport,
he shall file an affidavit to that effect;
[d] not leave Valsad District without prior permission
of the trial court concerned;
[e] furnish the present address of his residence to the
I.O. and to the Court at the time of execution of the
bond and shall not change his residence without prior
intimation to the I.O. and the court;
[f] mark presence every alternate day for one month,
thereafter on every Friday before the concerned Police
Station till the completion of the trial;
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file an affidavit before the
concerned court and the police station.
10. The Authorities will release the applicant only if he
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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 at
liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial 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 competent 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 enlarging the applicant on regular bail.
The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
MAYA
