FARAN @SAHIL HAJIBHAI METAR (GHANCHI-MUSALMAN)versusSTATE OF GUJARAT

      R/CR.MA/17787/2026                                 ORDER DATED: 04/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 17787 of 2026
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          FARAN @SAHIL HAJIBHAI METAR (GHANCHI-MUSALMAN)
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR. MANOJ T DANAK(6264) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                   Date : 04/08/2026

                                       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 Nyaya Suraksha Sanhita, 2023 (for short “BNSS”)
for       regular          bail   in   connection       with     FIR       being
C.R.No.11995001250007 of 2025 registered with State
Monitoring Cell, District Gandhinagar for the o.ence
under Sections 8(C), 20(b)(ii)(C), 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 o.ence. Investigation is over and charge-
sheet has been              led. He, therefore submits that, considering
role of the present applicant, the applicant may be enlarged
on regular bail by imposing suitable conditions.




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   R/CR.MA/17787/2026                          ORDER DATED: 04/08/2026




[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
tra.icking of narcotic drugs.          Rigorous of Section 37 is
applicable. Through CDR, the applicant is found in constant
touch with the co-accused.          Therefore, it is very much
establishes that the applicant is involved in the o.ence
alleged and if he is granted bail, possibility cannot be ruled
out to indulge himself in such type of o.ence again.
Considering the gravity of o.ence, application does not
deserve any consideration.


[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.




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      R/CR.MA/17787/2026                                         ORDER DATED: 04/08/2026




[6.0] I have heard the learned advocates appearing on behalf
of the respective parties and perused the investigation papers.
As per the case of the prosecution, the applicant was driving
the truck involved in the o.ence alleged which was loaded by
iron pipes wherein contraband of 67.920 k.g. ganja was found.
The said muddamal was sent by the co-accused Vishal.
Except driving of the vehicle, no role is attributed to the
applicant. He was a part-time driver.                          It is needless to say
that once vehicle was loaded with the goods namely iron pipes
and the applicant was in contact of his master may be but-
natural. At this stage, this Court is satis ed with the rigorous
of Section 37 of NDPS Act. Report of PSI, State Monitoring
Cell,      Gujarat         State,   Gandhinagar           is    taken      on     record.
Following aspects have been considered:


(1)       Investigation is over and charge-sheet has been led;
(2)       Applicant is behind the bar since 19/04/2025;
(3)       There is nothing to be recovered or discovered from the
          applicant as contraband is already seized;
(4)       The applicant is having no past antecedents;
(5)       Obviously commencement and conclusion of trial will take
          some 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.


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   R/CR.MA/17787/2026                             ORDER DATED: 04/08/2026




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 being C.R.No.11995001250007 of 2025 registered
with State Monitoring Cell, District Gandhinagar, on
executing a personal bond of Rs.25,000/- (Rupees twenty                     ve
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;


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      R/CR.MA/17787/2026                                                         ORDER DATED: 04/08/2026




      (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 O.icer 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 and 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 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.


[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 04/08/2026 14:15:45


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