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High Court of Gujarat

VICKY MANUBHAI THAKORversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court exercised its discretion and granted regular bail to the applicant.

Summary

Vicky Manubhai Thakor was arrested on 6 April 2026 in connection with a FIR (C.R. No. 11192050260248) alleging offences under Sections 8(c), 22(b) and 29 of the NDPS Act, 1985. The applicant filed a regular bail application under Section 483 of the BNSS, contending that he had been in custody since his arrest and had not played any vital role in the alleged drug offence. The State opposed bail, arguing that the nature of the accusation warranted continued detention. The Court observed that the investigation was complete, the contraband drugs were recovered from a co‑accused, nothing was found on the applicant, and he had no prior record. Accordingly, the Court exercised its discretion and granted regular bail on a personal bond of Rs.10,000 with standard conditions, without commenting on the merits of the case.

Issues considered

  • Whether regular bail may be granted to an accused charged under Sections 8(c), 22(b) and 29 of the NDPS Act before the charge‑sheet is filed.
  • Whether the nature of the alleged drug offence and the applicant's alleged role justify denial of bail.

Legislation cited

Subjects

NDPS Actregular bailpre‑charge sheet baildrug offencebail discretionGujarat High Court

Judgment

     R/CR.MA/12252/2026                               ORDER DATED: 03/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
           CHARGESHEET) NO. 12252 of 2026

=========================================================
                    VICKY MANUBHAI THAKOR
                             Versus
                       STATE OF GUJARAT
=========================================================
Appearance:
MR MUSAIB I SHAIKH(10565) for the Applicant(s) No. 1
MR. RONAK RAVAL. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
=========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 03/06/2026
                               ORAL ORDER


1.      Rule. Learned APP waives service of Rule on behalf of
        respondent State.


2.      The applicant, by way of this application filed under Section
        483 of the BNSS, seeks regular bail in connection with the FIR
        being C.R. No. 11192050260248 of 2026 registered with
        Sanand Police Station, Dist. Ahmedabad Rural, for the
        offences punishable under Sections 8(c), 22(b) and 29 of NDPS
        Act, 1985.


3.      It is the submission of learned counsel for the applicant that he
        is   suffering    confinement    since   06.04.2026.      He    further
        submitted that the applicant has not played any vital role in the
        alleged offence. Hence, further detention of the applicant is
        unwarranted.


4.      Learned APP has opposed the bail application contending that,


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     R/CR.MA/12252/2026                                 ORDER DATED: 03/06/2026




        considering the conduct of the applicant and nature of
        accusation, the discretion may not be exercised in favour of the
        applicant.


5.      Having heard the learned counsel for the respective parties and
        upon perusal of the material placed on record, it appears that
        the investigation is already over and the contraband drugs were
        found with the accused No. 1. The present applicant has been
        arraigned on the basis of the statement of the co-accused.
        Nothing has been found or recovered from the applicant herein
        and he has no past antecedent. In such circumstances, I am
        inclined to exercise discretion in favour of the applicant, as
        keeping the applicant behind bars would not serve any useful
        purpose. Hence, the bail application is allowed.


                In such circumstances, considering the role attributable
        to present applicant herein and evidence in support of charge,
        without commenting on merits of the matter, I deemed it fit to
        release the applicant on bail. Hence, present application is
        allowed.


6.      Hence, the applicant is ordered to be released on regular bail in
        connection with the FIR being C.R. No. 11192050260248 of
        2026       registered   with    Sanand       Police   Station,       Dist.
        Ahmedabad Rural,               on executing a personal bond of
        Rs.10,000/- (Rupees Ten thousands only), with one surety of
        the like amount to the satisfaction of the learned Trial Court
        and subject to the conditions that he shall:


         No.                            Conditions
         (a)    not take undue advantage of liberty or misuse liberty;


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      R/CR.MA/12252/2026                                                                        ORDER DATED: 03/06/2026




            (b)        not act in a manner injuries to the interest of the
                       prosecution;

            (c)        surrender passport, if any, to the lower court within a
                       week;

            (d)        not leave India without prior permission of the
                       Sessions Judge concerned;

            (e)        furnish latest address of residence to the Investigating
                       Officer and also to the Court at the time of execution
                       of the bond and shall not change the residence
                       without prior permission of the trial Court;




7.       The authorities shall release the applicant if he is not required in
         connection with the any other offence. If breach of any above
         condition is committed, the Sessions Judge concerned shall take
         appropriate action or issue warrant against the applicant. The
         bail bond to be executed before the learned trial Court having
         jurisdiction to try the case. It will be open for the sessions judge
         concerned to delete, modify and/or relax any of the above
         conditions, in accordance with law. Nothing stated hereinabove,
         shall tantamount to the expression of any opinion on the merits
         of this case. Rule is made absolute to the aforesaid extent. Direct
         service permitted.




                                                                                                   (ILESH J. VORA,J)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 03/06/2026 11:31:19




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