DEVABHAI KARSHANBHAI PARMARversusSTATE OF GUJARAT

      R/CR.MA/8586/2026                                        ORDER DATED: 22/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
                AFTER CHARGESHEET) NO. 8586 of 2026

==========================================================
                          DEVABHAI KARSHANBHAI PARMAR
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR JIGAR L PATEL(11596) for the Applicant(s) No. 1
MR TRUPESH KATHERIYA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 22/04/2026

                                   ORAL ORDER


1.      Leave to amend.


2.      Heard learned advocate Mr.Jigar Patel appearing on
behalf       of    the     applicant    and          learned    Additional        Public
Prosecutor Mr.Trupesh Katheriya appearing on behalf of the
respondent-State.



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



4.      The applicant has filed this application under Section 483


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     R/CR.MA/8586/2026                        ORDER DATED: 22/04/2026




of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
the applicant on Regular Bail in connection with FIR being
C.R. No.11211045260012 of 2026 registered with Sayla Police
Station, District: Surendranagar for the offence punishable
under Sections 8(b), 8(c), 20(a)(i), 20(b)(ii)(C) of the Narcotic
Drugs and Psychotropic Substances Act.



5.      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 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.



6.      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 as coming out from the charge-sheet, this
Court may not exercise the discretion in favour of the



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      R/CR.MA/8586/2026                                   ORDER DATED: 22/04/2026




applicant and the application may be dismissed.



7.      I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-

     i. Allegation        being   that   the       applicant   was      found       in
     possession of contraband - Cannabis weighing around 53.150
     kilograms.

     ii. As per the investigation papers, it would appear that the
     present applicant had grown the Cannabis plants and
     before they had become matured, the plants were removed
     by the present applicant, while he was planning to dispose
     of the same, he had been apprehended by the police
     officials.

     iii. It would also appear that the plants were weighed,
     without separating the stems, roots and the flowering tops
     and whereas, it would also appear that the plants, were not
     old enough to have matured.

     iv. It also appears that the present applicant is in custody
     since 08.01.2026 and charge-sheet having been filed and the
     applicant does not have any antecedents whatsoever, this
     Court is inclined to grant bail.




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     R/CR.MA/8586/2026                                 ORDER DATED: 22/04/2026




       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 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 fit 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 C.R. No.11211045260012 of 2026 registered with
Sayla Police Station, District: Surendranagar, on executing a
bond of Rs.25,000/- (Rupees Twenty Five 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


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      R/CR.MA/8586/2026                      ORDER DATED: 22/04/2026




   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 in a month for a period of six
   months before the concerned police station.



10.     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 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


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      R/CR.MA/8586/2026                                                        ORDER DATED: 22/04/2026




influenced 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.



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)
NAIR SMITA V./23-DB




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/04/2026 10:54:12




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