VIKRAMBHAI @ GATI BATUKBHAI CHAUHANversusSTATE OF GUJARAT

    R/CR.MA/17196/2026                                ORDER DATED: 27/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
             CHARGESHEET) NO. 17196 of 2026

==============================================
              VIKAMBHAI @ GATI BATUKBHAI CHAUHAN
                                Versus
                          STATE OF GUJARAT
==============================================
Appearance:
MR BHAVIK V BHATT(11508) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==============================================

  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 27/07/2026

                                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. 11198002250348 of 2025
registered with Alang Police Station, Bhavnagar for the offences
under Sections 8(C), 15, 15(C) and 29(1) of the NDPS Act.


[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence. It
is submitted that the applicant is in judicial custody since 07.05.2026. It is
further submitted that no contraband article was recovered from the
conscious possession of the applicant, nor was any discovery made at his
instance. It is further submitted that the investigation is complete and the
charge-sheet has already been filed against the applicant. The matter is
pending as N.D.P.S. Case No. 11 of 2026. Therefore, there is no likelihood
of the applicant tampering with the prosecution witnesses or hampering
the investigation. Nothing is required to be recovered or discovered. 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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[4.0] Learned APP appearing for the State has opposed the grant of bail to
the applicant and submitted that a prima facie strong case is made out
against him. It is submitted that the applicant is facing serious charges
under the provisions of the N.D.P.S. Act. It is further submitted that 157
kg and 912 grams of contraband Posh Doda (Poppy Straw), valued at
Rs.4,73,736/-, was recovered from the possession            of   Himmatbhai
Dulabhai Dhameliya, and thereby the applicant has committed the alleged
offence. It is further submitted that the quantity of the contraband seized
falls within the category of commercial quantity and, therefore, in view of
the rigours of Section 37 of the N.D.P.S. Act, the present application
deserves to be rejected. It is also submitted that the applicant is actively
involved in the commission of the alleged offence. From the affidavit of
the Investigating Officer as well as the police papers, particularly the
statement of Himmatbhai, it appears that the present applicant had
demanded the said Posh Doda. It is further submitted that merely
because the charge-sheet has been filed, the applicant does not become
entitled to bail as a matter of right. Therefore, the present application
deserves to be rejected.


[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.



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[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 filed;
      (2)     Applicant is behind the bar since 07.05.2026;
      (3)     There is nothing to be recovered or discovered from the
              applicant;
      (4)     The applicant has no past antecedent.;
      (5)     The allegation against the present applicant is that 157 kg
              and 912 grams of contraband Posh Doda (Poppy Straw),
              valued at Rs.4,73,736/-, was recovered from the possession
              of Himmatbhai Dulabhai Dhameliya, and that the applicant is
              involved in the commission of the alleged offence. However,
              no contraband was recovered from the conscious possession
              of the present applicant. Prima facie, there appears to be no
              cogent or substantive material on record directly connecting
              the applicant with the recovered contraband, except for the
              allegations made by the prosecution.;
      (6)     Obviously commencement and conclusion of trial will take its
              own time.;
      (7)     Though contraband is of commercial quantity and rigors of
              Section 37 of the NDPS Act is applicable but nothing is found
              from the conscious possession of the applicant.;
      (8)     Co-accused having similarly situated role are enlarged on
              regular bail and therefore, on the ground of parity also
              (Rameshbhai Batubhai Dhabi Vs. State of Gujarat
              reported in 2011 (3) GLR 1999), present application
              deserves consideration.


[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



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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. 11198002250348 of 2025 registered with Alang Police
Station, Bhavnagar 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/she
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 leave the State of Gujarat without prior permission of the
           Trial 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. and 2.00
           p.m.;
   (f)     furnish the Aadhaar card, email ID/present address of his
           residence to the Investigating Officer and also to the Court at



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      R/CR.MA/17196/2026                                                                ORDER DATED: 27/07/2026




                the time of execution of the bond and shall not change the
                residence/contact number without prior permission of Trial
                Court;
     (g)        not to indulge in any illegal activity 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.


[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)
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 ONE, at High Court of Gujarat on 27/07/2026 14:44:51




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