SHAHBAZ KHAN @ BADSHAH AALAMKHAN PATHANversusSTATE OF GUJARAT

   R/CR.MA/15425/2026                              ORDER DATED: 05/08/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 15425 of 2026
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           SHAHBAZ KHAN @ BADSHAH AALAMKHAN PATAHN
                             Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
NANAVATI & CO.(7105) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 05/08/2026

                                 ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-
State.

[2.0] The present application is         led under Section 483 of the
Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for regular
bail in connection with FIR No.III/1/2026, registered with ATS Police
Station, Ahmedabad, for the o.ence punishable under Sections 8(c),
22(b) and 29 of the NDPS Act.


[3.0] Learned advocate appearing on behalf of the applicant submits
that applicant is innocent and has been falsely implicated in the
o.ence. Investigation is over and charge-sheet is led. He therefore
submits that, considering the nature of the o.ence, the applicant may
be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant is
involved in the o.ence.      Hence, the present application does not
deserve any consideration.




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      R/CR.MA/15425/2026                                ORDER DATED: 05/08/2026




[5.0] While granting bail, the Court has to consider the involvement
of the accused in the alleged o.ence, 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 is led;
(2)       Applicant is behind the bar since 01.04.2026;
(3)       There is nothing to be recovered or discovered from the
          applicant;
(4)       applicant is having no similar nature of past antecedents;
(5)       It is alleged that 4.6 grams of Mephedrone, worth Rs.13,800/-,
          was found from the conscious possession of the co-accused.
          Out of the said Mephedrone, he had sold 3 grams of
          Mephedrone to the co-accused Farhan Khan. It is alleged that
          the present applicant had supplied 4 grams of Mephedrone to
          the co-accused. Except this, no role is attributed to him;


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      R/CR.MA/15425/2026                                ORDER DATED: 05/08/2026




(6)       it appears that contraband is less than the commercial quantity.
          Hence, rigors of Section 37 of the NDPS Act is not applicable;
(7)       conclusion and commencement of trial will take its own time;
[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 t 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 No.III/1/2026, registered with ATS Police
Station, Ahmedabad, on executing a personal bond of Rs.25,000/-
(Rupees Twenty- ve 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

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   R/CR.MA/15425/2026                                  ORDER DATED: 05/08/2026




            evidence collected or yet to be collected by the police;
    (c)     surrender passport, if any, to the Trial Court within a week;
    (d)     not leave the State of Gujarat without prior permission of
            the Sessions Court concerned;
    (e)     mark presence before the concerned Police Station once in
            every month for a period of six months between 11.00 a.m.
            to 2.00 p.m.;
    (f)     furnish the Aadhar card, email ID/present address of his
            residence to the Investigating OHcer 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)      not indulge in similar type of activities, 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.
[9.0] The authorities will release the applicant only if he is not
required in connection with any other o.ence 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.


[10.0] 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 inJuenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the applicant on bail.


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       R/CR.MA/15425/2026                                                ORDER DATED: 05/08/2026




 [12.0] Rule is made absolute to the aforesaid extent. Direct service is
 permitted.



                                                                   (HASMUKH D. SUTHAR,J)
 KUMAR ALOK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 05/08/2026 18:20:42




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