BAHAN @SATYAVAN BIJAY MAHANTIversusSTATE OF GUJARAT

    R/CR.MA/16677/2026                               ORDER DATED: 21/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 16677 of 2026

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                         BAHAN @SATYAVAN BIJAY MAHANTI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 21/07/2026

                                    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. 11214042240974 of 2024 registered
with Olpad Police Station, Dist. Surat Rural, for the offence under
Sections 8(c), 20(b)(ii)B and 29 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.
Investigation is over and chargesheet has been filed. Allegation against the
applicant is that, the applicant and other co-accused are selling Ganja and
from conscious possession of the shop No.3 which was not belonged to the
applicant. Applicant has received salary of Rs.20,000/- per month from the
main accused. The applicant has no past antecedent. Co-accused is granted
bail and on the ground of parity also, applicant may be enlarged on bail. He
therefore submits that, considering the nature of the offence, 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 facing


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      R/CR.MA/16677/2026                                  ORDER DATED: 21/07/2026




serious charges and involved in trafficking of narcotic drugs. Therefore,
present application does not deserve 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 chargesheet has been filed;
(2)       Applicant is behind the bar since 10.07.2024;
(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)        Having no past antecedent.
(6)        The role attributed to the present applicant is that he was indulged
           at the instance of co-accused Dharmendra @ Dhani Anant Raut, and
           he was getting Rs.20,000/- per month for drug trafficking. As per
           the instructions of co-accused Dharmendra, he used to sell the
           contraband. The said co-accused has already been enlarged on bail
           by the Co-ordinate Bench of this Court, considering the rigors of
           Section 37(1)(b)(ii) of the NDPS Act. As the role of the present



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      R/CR.MA/16677/2026                                  ORDER DATED: 21/07/2026




             applicant is lesser than Dharmendra, and considering his lesser role,
             benefit of parity may be granted in favour of the present applicant.
             Considering the decision rendered in case of Rameshbhai Batubhai
             Dabhi vs. State of Gujarat reported in (1999) 3 GLR1150, on the
             ground of parity, the present application deserves consideration;.
(7)          Apprehension of the learned APP that the applicant is not being
             permanent resident of the State of Gujarat, if released, he may
             abscond, could be allayed by imposing suitable conditions.

[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.
11214042240974 of 2024 registered with Olpad Police Station, Dist. Surat
Rural on executing a personal bond of Rs.25,000/- (Rupees twenty five
thousand) with one local 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 &



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      R/CR.MA/16677/2026                                                       ORDER DATED: 21/07/2026




                 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 enter into the State of Gujarat except for marking presence
                and/or attending the court proceedings;
       (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;
[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.

[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)

SUCHIT



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 21/07/2026 14:48:10

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