KAMLESH S/O SOHANLAL GANESHLAL TELIversusSTATE OF GUJARAT

      R/CR.MA/4946/2026                              ORDER DATED: 27/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 4946 of 2026

========================================================
                   KAMLESH S/O SOHANLAL GANESHLAL TELI
                                   Versus
                             STATE OF GUJARAT
========================================================
Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR JAY MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 27/02/2026

                               ORAL ORDER


1.       Heard learned Advocate Mr. Kishan Daiya on behalf of the applicant
and learned Additional Public Prosecutor Mr. Jay Mehta for the respondent-
State.


2.       Rule. Learned APP waives service of rule on behalf of the
respondent-State.


3.       The present applicant who has been arraigned as an accused has
preferred this application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11199021250964 of 2025 registered
with Ankleshwar G.I.D.C Police Station, District: Bharuch for the
offence punishable under Sections 8(C), 20(b)(ii)(C), 25 and 29 of Narcotic
Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as
the ‘NDPS Act’) before filing of the charge-sheet more particularly the

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     R/CR.MA/4946/2026                                 ORDER DATED: 27/02/2026




application preferred by the applicant having been rejected by the learned
Trial Court.


4.     Learned Advocate for the applicant would submit that 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 not filed no useful purpose would be served by keeping
the applicant in jail for indefinite 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 offence and
the role attributed to the present applicant, this Court may not exercise the
discretion in favour of the applicant and the application may be dismissed.



6.     This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-



       (i)      The allegation being that the accused had transacted in the
       contraband that is Bhang, weighing around 44 Kilograms.



       (ii)     The fact of the allegation against the applicant being that he
       was supplier of the contraband in question and whereas it would
       appear that the contraband was packed in readymade covers and it


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      R/CR.MA/4946/2026                                  ORDER DATED: 27/02/2026




        would also appear from the perusal of the FIR that the same was
        manufactured in Haryana.



        (iii)    The applicant being not attributed the manufacture and
        whereas the role attributed is having supplied it to the other accused.



        (iv)     The fact of the accused who were found in concussions
        possession, having been considered by learned Co-ordinate Bench as
        well as this Court.



        (v)      The fact of the applicant being arrested on 25.04.2026.



        (vi)     There being no antecedents against the present applicant.


8.      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.


9.      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 fit case to exercise the discretion and enlarge the applicant on
regular bail.


10.      Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No. 11199021250964


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      R/CR.MA/4946/2026                                 ORDER DATED: 27/02/2026




of 2025 registered with Ankleshwar G.I.D.C Police Station, District:
Bharuch on executing a bond of Rs.50,000/- (Rupees Fifty Thousands
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] Mark his presence at the concerned Police Station once in a week
       till charge-sheet is filed and thereafter once in a month for a period
       of six months
       [f] 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
       residential address without prior permission of the Sessions Court;


11.     The Authorities will 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 take appropriate action in the matter.


12.      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.


13.     At the stage of trial, the trial court shall not be influenced by any
observations of this Court which are of preliminary nature made at this


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        R/CR.MA/4946/2026                                                         ORDER DATED: 27/02/2026




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


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



                                                                                   (NIKHIL S. KARIEL,J)
 NIRU

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/03/2026 11:06:02




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