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High Court of Gujarat

JAY PRADIPBHAI PATELversusSTATE OF GUJARAT

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

Holding

The court exercised its discretion to grant regular bail to the accused, finding no material justification for continued detention.

Summary

Jay Pradipbhai Patel was arrested in connection with an FIR (C.R. No. 11192050260248 of 2026) for alleged offences under Sections 8(c), 22(b) and 29 of the NDPS Act, 1985. He applied for regular bail after the chargesheet was filed, invoking Section 483 of the BNSS, claiming he had been in custody since 6 April 2026 and that he played no vital role in the alleged drug offence. The State opposed bail, arguing the nature of the accusation warranted continued detention. The Court observed that the investigation was complete, contraband was recovered only from a co‑accused, no material was found on Patel, and he had no prior record, and therefore found no justification for further incarceration. Exercising its discretion, the Court granted regular bail on a personal bond of Rs.10,000 with a surety of equal amount and imposed standard conditions, without expressing any opinion on the merits of the case.

Issues considered

  • Whether regular bail can be granted after the filing of a chargesheet in an NDPS case.
  • Whether the applicant's alleged lack of involvement and absence of seized contraband justify release on bail.
  • Whether the discretion of the court should be exercised in favour of the accused despite the seriousness of the offences.

Subjects

regular bailNDPS Actdrug offenceschargesheetdiscretioncriminal procedurebail conditions

Judgment

     R/CR.MA/12254/2026                               ORDER DATED: 03/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
            CHARGESHEET) NO. 12254 of 2026

=========================================================
                    JAY PRADIPBHAI PATEL
                            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/12254/2026                                 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/12254/2026                                                                       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 11:30:59




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