[Cites 8, Cited by 0]
Gujarat High Court
Hitendrasinh @ Hako Kadi S/O Bhupatsinh ... vs State Of Gujarat on 13 May, 2026
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R/CR.MA/11580/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11580 of 2026
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HITENDRASINH @ HAKO KADI S/O BHUPATSINH JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR.ALOK M THAKKAR(6510) 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
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
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R/CR.MA/11580/2026 ORDER DATED: 13/05/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11208044250630 of 2025 registered with Praduman
Nagar Police Station, Rajkot City, for the offence punishable
under Sections 8(c), 21(c) and 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 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
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R/CR.MA/11580/2026 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 papers. Following
aspects are considered:-
i. The applicant is a resident of Rajkot, hence would be
available at the time of trial.
ii. Though the applicant is having 12 previous antecedents,
majority of them are offences under the Prohibition Act and
whereas, two offences are under the IPC and one offence is
under Arms Act. There do not appear any previous offences,
which are identical in nature.
iii. As per the prosecution case, the applicant was found in
possession of 33.48 gms of mephedrone drug, which is of
NEUTRAL CITATION
R/CR.MA/11580/2026 ORDER DATED: 13/05/2026
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intermediate quantity, hence, the rigours of Section 37 of
the NDPS Act will not apply.
iv. The apprehension of the learned APP would be allayed
by imposing stringent 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.
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R/CR.MA/11580/2026 ORDER DATED: 13/05/2026
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9. 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. 11208044250630 of 2025 registered with
Praduman Nagar Police Station, Rajkot City, on executing a
bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only)
with two sureties 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] 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;
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R/CR.MA/11580/2026 ORDER DATED: 13/05/2026
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[e] mark his presence on every alternate day before the
concerned police station for two months, thereafter mark his
presence once a week before the concerned police station
till the trial is over;
[f] 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 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.
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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)
PD
