ZAHIR @ BHURIYO @ PITTAL SIKKANDARBHAI SHAIKHversusSTATE OF GUJARAT

   R/CR.MA/17157/2026                                      ORDER DATED: 17/08/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 17157 of 2026
==========================================================
          ZAHIR @ BHURIYO @ PITTAL SIKKANDARBHAI SHAIKH
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
ABRAR G SAIYED(9571) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                 Date : 17/08/2026
                                     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 Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular     bail        in   connection    with      FIR    being      C.R.      No.
11196027230346 of 2023 registered with Karelibaugh Police
Station, Vadodara, for the offences under Sections 8(c), 21(c),
22(C) read with Section 29 of the NDPS Act.

[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. Nothing is required to be recovered or
discovered. 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 requested to dismiss
the present application for regular bail on the ground that the


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   R/CR.MA/17157/2026                             ORDER DATED: 17/08/2026




applicant is very much involved in the present offence and
considering the gravity of offence, no case is made out to
entertain present bail application. Therefore, present application
does not deserve consideration.

[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 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)     Applicant is behind the bar since 14.07.2023;
      (3)     There is nothing to be recovered or discovered from
      the applicant;


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R/CR.MA/17157/2026                          ORDER DATED: 17/08/2026




   (4)     Nothing was recovered from the conscious possession
   of the present applicant, and he has been implicated solely
   on the basis of the statement of the co-accused. The MD
   drug weighing 54.22 grams was recovered from the
   conscious possession of the co-accused, and the rigours of
   Section 37 of the NDPS Act are applicable.
   (5)     The applicant has 15 antecedents, out of which one
   is of a similar nature. However, the applicant was granted
   bail by the Hon’ble Supreme Court on 08.05.2026.
   Therefore, without expressing any opinion on the merits of
   the case, it is relevant to note that the prosecution has
   cited 55 witnesses, out of whom only one witness has been
   examined so far. Considering the considerable delay in the
   trial, this Court is of the view that the applicant’s prayer
   for bail deserves consideration. It is also pertinent to note
   that, in Special Leave Petition No. 7346 of 2026, the
   Hon’ble Supreme Court considered the question of grant of
   bail on the ground of delay in trial, where 56 witnesses had
   been cited and none had been examined till then. In view of
   the aforesaid circumstances, the present application for
   bail deserves to be considered on the ground of delay in
   conclusion of the trial.
   (6)     It appears that prosecution is not interested to
   proceed with the matter and once prosecution is not
   inclined in expeditious disposal of the trial, prosecution
   has no right to oppose the bail appeal on merits
   considering the fundamental right of the accused as
   regards speedy trial guaranteed under Article 21 of the
   Constitution of India and even otherwise till date charge is


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      R/CR.MA/17157/2026                                ORDER DATED: 17/08/2026




         not framed and trial is moving at snail’s pace and
         therefore, appellant cannot be kept behind the bars for
         indefinite period even considering the question of personal
         liberty under Article 21 of the Constitution of India as laid
         down by the Apex Court in the case of Union of India vs.
         K.A. Najeeb reported in (2021) 3 SCC 713; Mohd.
         Muslim alias Hussain vs. State (NCT of Delhi) reported
         in 2023 SCC OnLine SC 352 and Pradeep Kumar @
         Banu vs. State of Punjab [SLP (Cri.) No.18775/2025].
         (7)     Prosecution has failed to point out the circumstances
         to continue or prolong his incarceration;
         (8)     Obviously commencement and conclusion of trial will
         take its own time.

[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 of the allegations made against the applicant in the



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   R/CR.MA/17157/2026                            ORDER DATED: 17/08/2026




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 FIR being C.R. No.
11196027230346 of 2023 registered with Karelibaugh Police
Station, Vadodara, on executing a personal 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/she 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 leave the State of Gujarat without prior permission
          of the Trial Court concerned;
  (e)     mark presence before the concerned Police Station once
          in every month for a period of six months between 11.00
          a.m. and 2.00 p.m.;
  (f)     furnish the Aadhaar 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;
  (g)     not to indulge in any illegal activity failing which learned


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      R/CR.MA/17157/2026                                                ORDER DATED: 17/08/2026




             trial Court shall issue warrant and cancel the bail of the
             applicant.


[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 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)
ALI




 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 17:17:46




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