High Court of Gujarat
DHARAMSHIBHAI @HAMJIBHAI VAJABHAI DHAPAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The Court allowed the bail application, granting regular bail subject to strict conditions.
Summary
The petitioner, Dharmshibhai @ Hamjibhai Vajabhai Dhapa, was charged under Sections 8(B), 8(C), 20(b)(11)(A), 20(b)(11)(B), 20(b)(11)(C) and 29 of the NDPS Act for allegedly cultivating 529 kg of cannabis. He had been in custody since 10‑12‑2022 and his earlier bail application (Cr. Misc. Application No. 5090 of 2023) was dismissed. The State opposed the present bail application, arguing the commercial quantity made the offence serious. The High Court, applying the three‑factor test from Supreme Court jurisprudence (prima facie case, risk of fleeing, and potential witness tampering) and noting the applicant’s lack of flight risk, exercised its discretion to enlarge bail despite the charge‑sheet. The Court granted regular bail on a Rs.10,000 bond with a surety, imposing several conditions such as non‑tampering, residence verification, monthly police reporting, and travel restrictions.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet for NDPS offences involving a large quantity of cannabis
- Whether the applicant poses a risk of fleeing, tampering with witnesses, or committing further offences
Legislation cited
- Bharatiya Nagarik Suraksha Sanhitas. 483
- Narcotic Drugs and Psychotropic Substances Acts. 20(b)(11)(A), s. 20(b)(11)(B), s. 20(b)(11)(C), s. 29, s. 8(B), s. 8(C)
Subjects
regular bailNDPS Actcannabis cultivationcharge‑sheethigh court bail discretionSection 483
Judgment
R/CR.MA/3718/2026 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 3718 of 2026
==========================================================
DHARMSHIBHAI @HAMJIBHAI VAJABHAI DHAPA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. NILAY A THAKER(7275) for the Applicant(s) No. 1
MR. MEET THAKKAR, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 13/02/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on
behalf of respondent-State.
2. This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita for regular bail in
connection with F.I.R.No. 11198014220276 of 2022
registered with Datha Police Station, District Bhavnagar,
for the offences punishable under Sections 8(B), 8(C),
20(b)(11)(A), 20(b) (11)(B), 20(b)(11)(C) and 29 of the
NDPS, Act.
3. Learned advocate for the applicant has submitted that
considering the nature of offence and role attributed to
the applicant, the applicant may be enlarged bail by
imposing suitable conditions.
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R/CR.MA/3718/2026 ORDER DATED: 13/02/2026
4. Learned APP has opposed the present application,
contending that the present applicant was cultivating a
plant of cannabis of 529 kg, which is a commercial
quantity. He, therefore, submitted to dismiss the present
application. Learned APP has, therefore, submitted that
the offence is serious in nature and looking to the facts
as well as the allegations levelled against the applicant,
no discretion is required to be exercised.
5. Heard learned advocates for the respective parties.
Investigation is over and charge-sheet is filed. The
applicant had earlier filed a bail application, being
Criminal Misc. Application No. 5090 of 2023, which was
dismissed by this Court vide order dated 09.05.2024.
Thereafter, the other co-accused came to be considered
for grant of bail by a co-ordinate Bench of this Court
vide order dated 09.01.2026. The role attributed to the
present applicant is similar to the role attributed to the
other co-accused and is required to be considered the
same. The application deserves consideration.
6. This court has also considered the following aspects:
(a) As per catena of decisions of Hon’ble Supreme
Court, there are mainly 3 factors which are
required to be considered by this court i.e. prima
facie case, availability of Applicant accused at the
time of trial and tampering and hampering with
the witnesses by the accused.
(b) That the learned Advocate for the Applicant has
submitted that the Applicant Accused is not likely
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R/CR.MA/3718/2026 ORDER DATED: 13/02/2026
to flee away.
(c) That the Applicant is in custody since 10.12.2022.
(d) The law laid down by the Hon'ble Apex Court in
the case of Sanjay Chandra v. C.B.I. Reported in
(2012) 1 SCC 40.
7. In the facts and circumstances of the case and
considering the nature of allegations made in the FIR and
without discussing the evidence in details as well as
without going into details, prima-facie, this Court is of
the opinion that this is a fit case to exercise the
discretion to enlarge the applicant on bail. Hence, the
application is allowed and the applicant is ordered to be
released on bail in connection with the aforesaid FIR, on
executing a bond of Rs.10,000/- (Ten Thousand) with one
surety of the like amount to the satisfaction of the trial
Court and subject to the conditions that;
(a) shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the fact of the case so as to
dissuade from disclosing such facts to the Court
or any Police Officer or tamper with the
evidence.
(b) shall maintain law and order and not to indulge
in any criminal activities.
(c) shall furnish the documentary proof of complete,
correct and present address of residence to the
Investigating Officer and to the Trial Court at the
time of executing the bond and shall not change
residence without prior permission of the trial
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R/CR.MA/3718/2026 ORDER DATED: 13/02/2026
Court.
(d) shall provide contact numbers as well as the
contact numbers of the sureties before the Trial
Court. In case of change in such numbers inform
in writing immediately to the trial Court.
(e) shall file an affidavit stating immovable properties
whether self acquired or ancestral with
description, location and present value of such
properties before the Trial Court, if any.
(f) shall not leave India without prior permission of
the Trial Court.
(g) surrender passport, if any, to the Trial Court
within a week. If accused does not possess
passport, shall file an Affidavit to that effect.
(h) shall 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.
8. The authorities concerned shall 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. 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.
9. At the trial, the concerned trial Court shall not be
influenced by the prima facie observations made by this
Court in the present order.
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R/CR.MA/3718/2026 ORDER DATED: 13/02/2026
10. Rule made absolute to the aforesaid extent. Direct service
is permitted.
(M. R. MENGDEY,J)
PARMAR CHIRAG
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR CHIRAG KANUBHAI(HC02371), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/02/2026 11:50:51
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