BHAGBAN @ ALOK S/O PRAKASH BISOIversusSTATE OF GUJARAT

     R/CR.MA/2816/2026                            ORDER DATED: 04/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 2816 of 2026
==========================================================
                    BHAGWAN @ ALOK S/O PRAKASH BISOI
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 04/02/2026

                              ORAL ORDER
       Leave to amend.

1.     Heard learned advocate Mr.Daiya appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr.Raval
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 Part-B, C.R.
No. 11210067240276 of 2024 registered with Saroli Police
Station, District : Surat for the o/ence punishable under
Sections 8(C), 20(B) II (C) and 29 of the NDPS Act.


4.     Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of


                                 Page 1 of 5
     R/CR.MA/2816/2026                         ORDER DATED: 04/02/2026




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 o/ence 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. While the o/ence is very serious inasmuch as the commercial
     quantity of the contraband - ganja, weighing around 31
     kilograms having been caught from the co-accused and
     wheres, it would appear that the present applicant was not
     found in conscious possession.

ii. The fact that the role of the present applicant being revealed
     from the statement of co-accused and wheres it is alleged that
     the present applicant was the proposed purchaser.


                               Page 2 of 5
     R/CR.MA/2816/2026                        ORDER DATED: 04/02/2026




iii. The fact of the co-accused having similar role having been
     enlarged on regular bail by the learned Co-ordinate Bench of
     this Court vide order dated 10.01.2025 in Criminal Misc.
     Application No.21622 of 2024.

iv. The fact of the applicant being in custody since 26.09.2025,
     having no antecedents.
v. Requirement u/s. 37(2)(b)(ii) being ful%lled on account of the
     above observations.

7.     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.


8.     In the facts and circumstances of the case and considering
the nature of the allegations made against 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 applicant on regular bail.


9.     Hence, the present application is allowed. The applicant is
ordered to be released on bail in connection with F.I.R. registered
as Part-B, C.R. No. 11210067240276 of 2024 registered with
Saroli Police Station, District : Surat, 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;



                                Page 3 of 5
      R/CR.MA/2816/2026                            ORDER DATED: 04/02/2026




      [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 proposed 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 before concerned police station once a month
      for a period of one year;


10.     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 Court concerned will be free to take appropriate action
in the matter.


11.     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.


12.     At the stage of trial, the trial court shall not be inCuenced
by any observations of this Court which are of preliminary nature

                                  Page 4 of 5
      R/CR.MA/2816/2026                                                ORDER DATED: 04/02/2026




made at this stage, only for the purpose of considering the
application of the applicant for being released on regular bail.

13.      The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.



                                                                        (NIKHIL S. KARIEL,J)
KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 05/02/2026 11:32:28




                                             Page 5 of 5