BHALAJI RUMALJI THAKORversusSTATE OF GUJARAT

     R/CR.MA/13254/2026                               ORDER DATED: 16/06/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
            CHARGESHEET) NO. 13254 of 2026

==============================================
                    BHALAJI RUMALJI THAKOR
                               Versus
                        STATE OF GUJARAT
==============================================
Appearance:
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
MR SUNILJI B THAKOR(12035) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==============================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 16/06/2026

                                   ORDER

1)      RULE. Learned APP waives service of rule for the respondent-State.

2)      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.11192002260583 of 2026
        registered with Aslali Police Station, District - Ahmedabad
        Rural, for the offence under Sections 8(C), 21(c) and 29 of the
        Narcotic Drugs and Psychotropic Substances.

3)      Learned advocate appearing on behalf of the applicant submits that
        applicant is innocent and has been falsely implicated in the offence.
        Substantial part of investigation is over and now nothing is required
        to be recovered or discovered from the applicant. He has no past
        antecedents. He is in jail since 22.05.2026. He therefore submits
        that, considering the nature of the offence, the applicants may be
        enlarged on regular bail by imposing suitable conditions.

4)      Learned APP appearing on behalf of the respondent-State has
        opposed the present application and submitted that, the applicant
        is involved in serious offence and has played active role in the
        commission of the present offence. Considering the conduct of the



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     R/CR.MA/13254/2026                                                ORDER DATED: 16/06/2026




        applicant, application does not deserve any consideration.

5)      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)      I have heard the learned advocates appearing on behalf of the
        respective parties and perused the investigation papers. The
        allegation against the applicant is that he was found in possession
        of two bottles of cough syrup and other 74 bottles of cough syrup
        were      found   from    the    accused         no.2    in     total   amounting        to
        Rs.12,038.40 paisa. The Investigating Officer failed to point out
        connection of the applicant with 74 bottles and as to how the
        applicant is connected with the offence. Even nothing is clear as to
        whether the applicant used the bottles for his own consumption or
        any     other     purpose.      Further,        following      aspects     have     been
        considered:
            (1)     Investigation is almost over;
            (2)     Applicant is behind the bar since 22.05.2026;
            (3)     There is nothing to be recovered or discovered from the
                    applicant;
            (4)     The applicant has no past antecedents;




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7)      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)      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.11192002260583 of 2026
        registered with Aslali Police Station, District - Ahmedabad
        Rural 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 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 State of Gujarat without prior permission of
                    the Trial Court concerned;


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       R/CR.MA/13254/2026                                                              ORDER DATED: 16/06/2026




                (e)       mark presence before the concerned Police Station once in
                          a week till filing of the chargesheet and after filing of the
                          chargesheet, mark presence before the concerned police
                          station once in a 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 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)         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)        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)        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)        Rule is made absolute to the aforesaid extent. Direct service is
           permitted.




                                                                              (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 16/06/2026 14:26:47




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