REVAJI GOKAJI SOLANKIversusSTATE OF GUJARAT

   R/CR.MA/13808/2026                                           ORDER DATED: 07/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 13808 of 2026

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                               REVAJI GOKAJI SOLANKI
                                       Versus
                                 STATE OF GUJARAT
==========================================================
Appearance:
MS MAMTA S RAJPUT(13215) for the Applicant(s) No. 1
RUSHIKESH J VYAS(9680) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                  Date : 07/07/2026

                                        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.11195008260225 of 2026 registered with Bhildi Police
Station, District Banaskantha, for the offence under Sections
8(B) and 20(a)(i) of NDPS Act.


[3.0] Learned advocate appearing on behalf of the applicant
submits that applicant is innocent and has been falsely implicated
in the offence. Allegation against the applicant is that he was found
cultivating Cannabis plants and in his field, 22.436 k.g. cultivated
‘ganja’   plants        were    found    i.e.    muddamal        of    Rs.11,21,800/-.
Investigation is over and chargesheet has been filed. He therefore
submits that, considering the nature of the offence, the applicant
may be enlarged on regular bail by imposing suitable conditions.


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      R/CR.MA/13808/2026                                   ORDER DATED: 07/07/2026




[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant
is facing serious charges and involved in trafficking of narcotic
drugs. Therefore, it is very much establishes that the applicant is
involved in the offence and if he is granted bail, possibility cannot
be ruled out to indulge himself in such type of offence again.
Considering the gravity of offence, application does not deserve
any 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 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 has been filed;



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      R/CR.MA/13808/2026                                       ORDER DATED: 07/07/2026




(2)       Applicant is behind the bar since 15/03/2026;
(3)       There is nothing to be recovered or discovered from the
          applicant;
(4)       There is no possibility to conclude the trial in near future;
(5)       Recovered quantity is commercial quantity and therefore,
          rigorous of Section 37 would be applicable, however, as the
          applicant        farmer,     with    stringent      conditions,       present
          application is required to be considered;


[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, 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.11195008260225 of 2026 registered with Bhildi Police
Station, District Banaskantha, on executing a personal bond of



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   R/CR.MA/13808/2026                               ORDER DATED: 07/07/2026




Rs.25,000/- (Rupees twenty five thousand) 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 India till trial is over, without prior
           permission of the Trial Court concerned;
    (e)    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, SIM number
           without prior permission of Trial Court;
    (g)    not to indulge in similar type of activity i.e. either
           cultivating or selling or consumption of ‘ganja’ or any
           psychotropic substance 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.




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      R/CR.MA/13808/2026                                                          ORDER DATED: 07/07/2026




[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)
ILA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 07/07/2026 14:22:00




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