[Cites 4, Cited by 0]
Gujarat High Court
Shankarbhai Jitendrabhai Salat vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11455/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR
BAIL - AFTER CHARGESHEET) NO. 11455 of 2026
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SHANKARBHAI JITENDRABHAI SALAT
Versus
STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MS. JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
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
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of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
the applicant on Regular Bail in connection with FIR being
C.R. No. 11209016260240 of 2026 registered with
Himmatnagar A Division Police Station, Dist. Sabarkantha for
the offence punishable under Sections 8(C), 20(b) 29 of the
NDPS Act
4. Learned advocate for the applicant would submit that,
considering the role attributed to the applicant, and nature of
the allegation leveled, 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
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R/CR.MA/11455/2026 ORDER DATED: 13/05/2026
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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.
6. I have heard learned advocates appearing on behalf of
the respective parties and perused the charge-sheet papers.
Following aspects are considered:-
i. The applicant is a permanent resident of Himatnagar, dist.
Sabarkantha, hence would be available at the time of trial;
ii. The applicant does not have any criminal antecedents;
iii. The investigation being over and charge-sheet having been filed;
iv. As per the prosecution case, the alleged contraband ganja,
weighing about 6 kg 413 grams, was found from the applicant's
house, and he had purchased the said contraband ganja from the
co-accused Havlabhai alias Savabhai and Bharmabhai alias
Bharatbhai.
v. Further, as per the prosecution case, it were the absconding
accused, Dhaniben and Kantibhai, who had purchased the said
contraband ganja from the co-accused i.e. Havlabhai alias Savabhai
and Bharmabhai alias Bharatbhai and had brought the same to the
house of the present applicant.
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vi. The apprehension of the learned APP, as regards the non-
availability of the applicant during the trial can be put to rest by
imposing stringent condition;
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.
7. 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.
8. 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. 11209016260240 of 2026 registered with
Himmatnagar A Division Police Station, Dist. Sabarkantha, on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five
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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 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 the geographical limits of Himmatnagar, Dist.
Sabarkantha without prior permission of the 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 on every Sunday before the concerned
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police station, till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file an affidavit before the concerned court
and the police station.
9. 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 at liberty to take
appropriate action in accordance with law.
10. 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.
11. 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
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enlarging the applicant on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
PARMAR CHIRAG
