High Court of Gujarat
HARDIK @ RAMTU NAVINBHAI MAGANBHAI ATARA (PATEL)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court held that, given the intermediate quantity of narcotics, the applicant’s clean record, and the completion of investigation, regular bail may be granted under Section 483 of the BNSS, 2023 despite the pending charges under the NDPS Act.
Summary
The petitioner, Hardik @ Ramtu Navinbhai Maganbhai Atara (Patel), applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after a chargesheet was filed for alleged offences under Sections 8(c), 20(b)(ii)B and 29 of the NDPS Act. The court considered factors such as the intermediate quantity of cannabis (1.002 kg), the applicant’s lack of prior criminal record, completion of investigation, and the principle that bail is the rule and jail the exception. Citing Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor), the court emphasized personal liberty under Article 21. Finding no substantial risk of tampering, flight, or repeat offence, the court held that bail was appropriate. Accordingly, the applicant was released on regular bail upon furnishing a personal bond of Rs.25,000 with one surety and complying with several conditions.
Issues considered
- Whether regular bail can be granted after the filing of a chargesheet under Section 483 of the BNSS, 2023 for offences under the NDPS Act.
- Whether the nature and quantity of the narcotic seized, along with the applicant’s clean record, justify the grant of bail.
- Whether there exists a reasonable risk of evidence tampering, flight, or commission of further offences that would outweigh the presumption in favour of bail.
Legislation cited
Subjects
regular bailNDPS ActSection 483 BNSSpre‑trial detentionpersonal libertyArticle 21Gujarat High Court
Judgment
R/CR.MA/19590/2026(GJHC240635112026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 19590 of 2026
==============================================
HARDIK @ RAMTU NAVINBHAI MAGANBHAI ATARA (PATEL)
Versus
STATE OF GUJARAT
==============================================
Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/08/2026
ORDER
1) RULE. Learned APP waives service of rule for the respondent-State.
2) 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.11200018260859 of 2026
registered with Dharampur Police Station, District - Valsad for
the offences under Sections 8(c), 20(b)(ii)B and 29 of the NDPS
Act.
3) Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence
and now nothing is required to be recovered or discovered.
Investigation is over and chargesheet has been filed. He therefore
submits that, considering the nature of the offence, the applicant
may be enlarged on regular bail by imposing suitable conditions.
4) 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 applicant
is involved in the present offence and played an active role. There
is every possibility that, if the applicant is released on bail, he will
indulge in similar offences and try to tamper with the evidence.
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R/CR.MA/19590/2026(GJHC240635112026) ORDER DATED: 21/08/2026
Therefore, present application does not deserve consideration.
5) 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) I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following
aspects have been considered:
(1) The muddamal Ganja weighing 1.002 kg was found
from the conscious possession of the accused no.1.
The applicant has ordered the said muddamal and kept
in the courtyard. The muddamal being intermediate
quantity, the rigors of Section 37 of the NDPS Act
would not be applicable.;
(2) Applicant is behind the bars since 10.06.2026;
(3) The applicant has no past antecedents;
(4) Investigation is over and charge-sheet is filed;
(5) There is nothing to be recovered or discovered from
the applicant;
(6) Obviously commencement and conclusion of trial will
take some time.
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R/CR.MA/19590/2026(GJHC240635112026) ORDER DATED: 21/08/2026
7) 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) 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 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.11200018260859 of 2026
registered with Dharampur Police Station, District - Valsad 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;
(a) shall not take undue advantage of liberty or misuse liberty;
(b) shall 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) shall surrender passport, if any, to the Trial Court within a
week;
(d) shall not leave the territory of the State of Gujarat without
prior permission of the Trial Court concerned;
(e) shall mark presence before the concerned Police Station
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R/CR.MA/19590/2026(GJHC240635112026) ORDER DATED: 21/08/2026
once in every month for a period of six months between
11.00 a.m. and 2.00 p.m.;
(f) shall furnish the 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
without prior permission of Trial Court;
(g) shall not indulge in any illegal activity, failing which the
learned trial Court shall issue warrant and cancel the bail
of the applicant.
9) 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) 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) 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) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 21/08/2026 14:51:42
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