RITESH SURESHBHAI DAVEversusSTATE OF GUJARAT

     R/CR.MA/27797/2025                             ORDER DATED: 13/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 27797 of 2025
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                          RITESH SURESHBHAI DAVE
                                   Versus
                          STATE OF GUJARAT & ANR.
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR HARNISH V DARJI(3705) for the Respondent(s) No. 2
MR NIRAJ SHARMA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 13/02/2026
                               ORAL ORDER
1.      Heard learned advocate Mr.Zubin Bharda with learned

advocate        Mr.Kishan    Daiya    appearing   on     behalf      of   the

applicant and learned Additional Public Prosecutor Mr.Niraj

Sharma appearing on behalf of the respondent-State.


2.      Rule. Learned APP waives service of rule on behalf of

the respondent-State.


3.      The applicant has )led this application under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for

enlarging the applicant on Regular Bail in connection with FIR

being NCB/AZU/CR-04/2024 registered with Narcotics Control

Bureau, Delhi for the o5ence punishable under Sections 8(c),

22(c) and 29 of the NDPS Act.


4.      Learned advocate for the applicant would submit that


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     R/CR.MA/27797/2025                                ORDER DATED: 13/02/2026




considering the role attributed to the applicant, and nature of

the allegation levelled, the applicant may be enlarged on

regular bail. It is further submitted that since the charge-

sheet is )led no useful purpose would be served by keeping

the applicant in jail for inde)nite period. It is further

contended that the applicant is ready and willing to abide by

all the conditions that may be imposed by this Court if

released on bail.


5.      As     against    the   same,       learned    Additional        Public

Prosecutor         appearing    for   the       respondent    –   State      has

vehemently objected to the grant of regular bail. Learned APP

has submitted that looking to the nature of o5ence and the

role attributed to the present applicant as coming out from

the charge-sheet, this Court may not exercise the discretion in

favour of the applicant and the application may be dismissed.


6.      I have heard learned advocates appearing on behalf of

the respective parties and perused the papers. Following

aspects are considered:-

     i. The case against the present applicant is that he was

     present in a premise i.e. residential premise of one Kirit

     Vaghela where the factory for manufacturing of the


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     R/CR.MA/27797/2025                                    ORDER DATED: 13/02/2026




     contraband – Mephedrone was being run by the accused

     and whereas, the case of the present applicant is that he

     was promised 20% of the proceeds of the main accused for

     working in the factory in question.

     ii. While it would prima facie appear that the presence of

     the present applicant in the premises is very clear and the

     role of the present applicant is also very clear, yet,

     considering the fact that the co-accused Deepak, Harish

     and     Shiv         Ratan    having     identical   role    having       been

     considered by learned Coordinate Benches vide orders

     dated 14.10.2025, 16.01.2026 and 19.06.2025, the bene)t

     of parity should accrue in favour of the applicant also.


        This Court has taken into consideration the law laid

down by the Hon’ble Apex Court in the case of Sanjay

Chandra v. Central Bureau of Investigation reported in

[2012] 1 SCC 40.


7.      In    the     facts       and   circumstances     of     the   case      and

considering the nature of the allegations made against the

applicant in the First Information Report, 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


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     R/CR.MA/27797/2025                       ORDER DATED: 13/02/2026




applicant on regular bail.

8.      Hence, the present application is allowed. The applicant

is ordered to be released on bail in connection with F.I.R.

registered as FIR being NCB/AZU/CR-04/2024 registered with

Narcotics Control Bureau, Delhi, on executing a bond of

Rs.50,000/- (Rupees Fifty 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;

     [c] surrender passport, if any, to the lower court within a

     week;

     [d] not leave the State of Gujarat without prior permission

     of the Sessions Court concerned;

     [e] furnish the present address of residence to the I.O. and

     also to the Court at the time of execution of the bond and

     shall not change the residence without prior intimation to

     the I.O.;

     [f] mark presence once a month for a period of six months




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        R/CR.MA/27797/2025                                                        ORDER DATED: 13/02/2026




       before the concerned police station.

  9.        The Authorities will release the applicant only if he is not

  required in connection with any other o5ence for the time

  being. If breach of any of the above conditions is committed,

  the Sessions Court concerned will be free to take appropriate

  action in the matter.

  10.       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.       At the stage of trial, the trial court shall not be

  inIuenced by any observations of this Court which are of

  preliminary nature made at this stage, only for the purpose of

  considering the application of the applicant for being released

  on regular bail.

  12.       The application is allowed in the aforesaid terms. Rule is

  made absolute to the aforesaid extent. Direct service is

  permitted.

                                                                                   (NIKHIL S. KARIEL,J)
  Bhoomi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 18/02/2026 13:02:19




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