VIPULKUMAR JAYANTIBHAI PATELversusSTATE OF GUJARAT

    R/CR.MA/18136/2026                                ORDER DATED: 05/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 18136 of 2026
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                VIPULKUMAR JAYANTIBHAI PATEL
                             Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR ZUBIN BHARDA with MR KISHAN H DAIYA(6929) for the Applicant
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 8led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11214020242618 of 2024 registered with
Kamrej Police Station, Surat Rural for the oBences punishable Sections
8(C), 22(C) 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 oBence and now
nothing is required to be recovered or discovered. Further, he has submitted
that the trial in the present case is moving at snail’s pace and conclusion of
trial will take considerable time and therefore, he has urged to release the
applicant on the ground of delay in trial. He therefore submits that,
considering the nature of the oBence, the applicant may be enlarged on
regular bail by imposing suitable conditions.

[4.0] Learned Public Prosecutor assisted by learned APP appearing on
behalf of the respondent-State has opposed the present application and
requested to dismiss the present application for regular bail looking to the


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   R/CR.MA/18136/2026                                 ORDER DATED: 05/08/2026




nature and gravity of the oBence.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged oBence, 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. Perusing the report
dated 16.07.2026 submitted by the learned Special Judge, NDPS Court &
16th Additional Sessions Judge, Surat in the matter of co-accused Montu,
who is similarly situated to the present applicant, it appears that concerned
Court has addressed repeated reminders to the Ankleshwar Police Station
though prosecution agency failed to produce the documentary evidence list
on record. It appears that prosecution is not interested to proceed with the
matter and once prosecution is not inclined in expeditious disposal of the
trial, prosecution has no right to oppose the bail application on merits
considering the fundamental right of the accused as regards speedy trial
guaranteed under Article 21 of the Constitution of India and even otherwise
till date charge is not framed and trial is moving at snail’s pace and
therefore, applicant cannot be kept behind the bars for inde8nite period
even considering the question of personal liberty under Article 21 of the
Constitution of India as laid down by the Apex Court in the case of Union of



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    R/CR.MA/18136/2026                                     ORDER DATED: 05/08/2026




India vs. K.A. Najeeb reported in (2021) 3 SCC 713; Mohd. Muslim alias
Hussain vs. State (NCT of Delhi) reported in 2023 SCC OnLine SC 352 and
Pradeep Kumar @ Banu vs. State of Punjab [SLP (Cri.) No.18775/2025].
Even otherwise the applicant is entitled to bene8t of parity since the co-
accused Montu having exactly similar role to that of the present applicant
has been released by this Court and hence, in view of the decision in the
case of Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in
2011 (3) GLR 1999, applicant is entitled to be released on bail.

[6.1] 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.

[7.0] 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 8t
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.11214020242618 of 2024 registered with Kamrej Police Station, Surat
Rural on executing a personal bond of Rs.25,000/- (Rupees Twenty-8ve
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 &


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     R/CR.MA/18136/2026                                                           ORDER DATED: 05/08/2026




                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 leave the State of Gujarat 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 between 11.00 a.m. and 2.00
               p.m.;

      (f)      furnish the UIDAI Number, Contact Number/s, Passport Number
               (if he is having the passport), E-mail address and present address
               of his residence to the Investigating OOcer and also to the Court
               at the time of execution of the bond and shall not change the
               residence without prior permission of Trial Court;

      (g)      not to indulge in any illegal activity or any similar type of oBence
               failing which concerned Investigating OOcer shall have liberty to
               8le an application for cancellation of bail against the present
               applicant.

[8.0] The authorities will release the applicant only if he is not required in
connection with any other oBence 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.

[9.0] 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.

[10.0]             At the trial, the trial Court shall not be inPuenced by the
observations of preliminary nature qua the evidence at this stage made by
this Court while enlarging the applicant on bail.

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


                                                                       (HASMUKH D. SUTHAR, J.)
Ajay
  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/08/2026 14:22:31


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