SHAHJEB KHAN S/O SHAMSHER KHANversusSTATE OF GUJARAT

    R/CR.MA/1040/2026                                  ORDER DATED: 10/07/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 1040 of 2026
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                    SHAHJEB KHAN S/O SHAMSHER KHAN
                                 Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
LEARNED SENIOR ADVOCATE MR IH SYED assisted                              by      AS
TIMBALIA(7372) for the Applicant(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 10/07/2026

                                   ORDER


[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya
Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with         Crime No. NCB/AZU/CR-02/2025          registered with
Narcotics Control Bureau Zonal Unit, Ahmedabad for the offences
punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985


[3.0] Learned senior advocate appearing on behalf of the applicant
submits that applicant is innocent and has been falsely implicated in the
offence. The present applicant has nothing to do with the offence. Nothing
has been recovered from the conscious possession of the present applicant.
It is submitted that co-accused Azah Hussain and Shirin have stated that the
supplier is a lady, viz. Baaji. No money trail has been established, nor has any
money been transferred to or recovered from the present applicant. Baaji
was accepting the money in her son's account, and it is alleged that Shirin
was an abettor of the crime and was arrested on the spot from where the
contraband was recovered. Nothing has been recovered from the direct



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    R/CR.MA/1040/2026                                  ORDER DATED: 10/07/2026




possession of the present applicant. He only happens to be the brother of
the present applicant. The present applicant is not involved in any manner
and has not abetted the offence. The persons from whose conscious
possession the contraband was recovered have already been released on
bail. Considering the aforesaid facts, it is requested to allow the present
application, as the conclusion and commencement of the trial will take their
own time. The co-accused have also been released on bail, and the
identification of the contraband itself is in dispute.He therefore submits
that, considering the nature of the offence, the applicant may be enlarged
on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that he is involved in the
offence. Hence, she has requested to dismiss the present application.


[4.1] Learned advocate Mr. Shah, appearing for respondent No. 2–NCB,
vehemently opposed the application on the ground that a huge quantity of
Alprazolam, i.e., 4.534 kg, was recovered. He submitted that the present
applicant is involved in drug trafficking. The entire consignment of
Alprazolam was allegedly supplied by the present applicant. His involvement
is revealed through call detail records, WhatsApp chats, and financial
records, which indicate that the present applicant is a drug trafficker and
has received ₹23 lakhs as proceeds of the crime. The statements of the co-
accused also corroborate the involvement of the present applicant. It was
further submitted that, if the applicant is released on bail, the possibility of
his tampering with the evidence or committing a similar offence cannot be
ruled out. It was, therefore, prayed that the present application be
dismissed.


[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the



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    R/CR.MA/1040/2026                                      ORDER DATED: 10/07/2026




facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.


[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
               (1)      investigation is over and charge-sheet is filed ;
               (2)      None of the offence alleged is punishable with life
               sentence or death penalty;
               (3)      There is nothing to be recovered or discovered from the
               applicant;
               (5)      conclusion and commencement of trial will take its own
               time;
               (7)      it appears that the present applicant was arrested on
               4th July, 2025;
               (8)      The present applicant has been implicated primarily on
               the basis of the statements of the co-accused, wherein it has
               been alleged that the applicant was involved in the trafficking
               of Alprazolam, which is a commercial quantity. Consequently,
               the rigors of Section 37 of the NDPS Act are attracted and are
               applicable to the present case;
               (9)      The present applicant has no direct involvement, nor has
               any contraband been recovered from his conscious possession.
               The accused from whose conscious possession the contraband


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    R/CR.MA/1040/2026                                        ORDER DATED: 10/07/2026




               was recovered have already been enlarged on bail by the
               Coordinate Bench. The present applicant has a similar role and
               has been arraigned as an accused on the basis of the
               confessional statement of the brother of the present
               applicant. Since the co-accused are the mother and brother of
               the present applicant, the WhatsApp calls and contacts are
               natural. The conscious possession of the contraband was with
               the other accused;
               (10)     The learned Coordinate Bench has been pleased to
               record its satisfaction that the twin conditions under Section
               37(1)(b)(ii) of the NDPS Act are fulfilled. The commencement
               and conclusion of the trial will obviously take its own time.
               Therefore, with stringent conditions, the present application
               deserves consideration, as the present applicant is also
               entitled to claim parity since the co-accused is already released
               on bail by co-ordinate bench of this Court. Hence, on the
               ground     of   parity,   the       present   application      deserves
               consideration considering the decision rendered in the case of
               Rameshbhai Batubhai Dabhi vs. State of Gujarat reported in
               (1999) 3 GLR1150.

[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.
[8.0] In the facts and circumstances of the case and considering the nature



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    R/CR.MA/1040/2026                                     ORDER DATED: 10/07/2026




of the allegations made against the applicant in the FIR, 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.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with Crime No. NCB/AZU/CR-
02/2025 registered with Narcotics Control Bureau Zonal Unit, Ahmedabad
on executing a personal bond of Rs.50,000/- (Rupees Fifty thousand) 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 &
            shall not obstruct or hamper the police investigation and shall
            not to play mischief with the evidence collected or yet to be
            collected by the police;
     (c)    surrender passport, if any, to the Trial Court within a week;
     (d)    not to leave Gujarat State till trial is over, without prior
            permission of the Trial Court concerned;
     (e)    mark presence before the concerned police station once in a
            month for a period of six months;
     (f)    furnish the Aadhar card, email ID/present address of his
            residence to the Investigating Officer and also to the Court at
            the time of execution of the bond and shall not change the
            residence/contact number without prior permission of Trial
            Court;

[9.0] 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
issue warrant or take appropriate action in the matter.

[10.0] 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



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          R/CR.MA/1040/2026                                                ORDER DATED: 10/07/2026




    and/or relax any of the above conditions, in accordance with law.

    [11.0] At the trial, the trial Court shall not be influenced by the observations
    of preliminary nature qua the evidence at this stage made by this Court
    while enlarging the applicant on bail.

    [12.0] Rule is made absolute to the aforesaid extent.                          Direct service is
    permitted.


                                                                      (HASMUKH D. SUTHAR,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 13/07/2026 17:14:49




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