NASIB @ BHUVAJI VINODBHAI MAKVANAversusSTATE OF GUJARAT

    R/CR.MA/18949/2026                                ORDER DATED: 14/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 18949 of 2026
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                   NASIB @ BHUVAJI VINODBHAI MAKVANA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 14/08/2026

                                   ORDER

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

[2.0] The present application is     led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11203023260702 of 2026 registered
with A Division Junagadh Police Station, Junagadh, for the o.ence under
Sections 8(c), 20(b)(ii)B and 29 of NDPS Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the o.ence.
Investigation is almost over. Allegation against the applicant is that, he was
supplier of the contraband substance of 1.862 Ganja which is not
commercial quantity. It is submitted that, nothing is recovered from the
conscious possession of the applicant. He therefore submits that,
considering the nature of the o.ence, 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, the applicant is facing
serious charges and involved in tra8cking of narcotic Ganja. Therefore, it is
very much establishes that the applicant is involved in the o.ence and if he
is granted bail, possibility cannot be ruled out to indulge himself in such


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      R/CR.MA/18949/2026                                  ORDER DATED: 14/08/2026




type of o.ence again. Further he has past antecedents. Considering the
gravity of o.ence, application does not deserve any consideration.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged o.ence, 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 almost over ;
(2)       Applicant is behind the bar since 29.07.2026;
(3)       There is nothing to be recovered or discovered from the applicant;
(4)       There is no possibility to conclude the trial in near future.
(5)        Having no similar type of o.ence.
(6)       Based on the statement of co-accused, he has been arraigned as an
           accused. Allegation against the applicant ithat he was supplier of
         Ganja.
(7)      Recovered quantity is not commercial quantity and therefore,
         rigors of Section 37 would not be applicable.

[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


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    R/CR.MA/18949/2026                                   ORDER DATED: 14/08/2026




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 FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a
 t 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.
11203023260702 of 2026 registered with A Division Junagadh Police
Station, Junagadh on executing a personal bond of Rs.25,000/- (Rupees
twenty ve 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 India till trial is over, without prior permission of the
            Trial Court concerned;
   (e)     mark presence before the concerned Police Station once in a week
           till   ling of the chargesheet and after    ling of the chargesheet,
           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



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    R/CR.MA/18949/2026                                                        ORDER DATED: 14/08/2026




               residence to the Investigating O8cer and also to the Court at
               the time of execution of the bond and shall not change the
               residence/contact number, SIM number without prior permission
               of Trial Court;
      (g)      if the applicant is found to be indulged in any illegal activities in
               future, the trial Court concerned will be free to issue warrant and
               cancel the bail granted to the applicant.

[9.0] The authorities will release the applicant only if he is not required in
connection with any other o.ence 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 inHuenced 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)
SUCHIT




 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 14/08/2026 15:59:23

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