SHIRINBANO EAZAZHUSEN SHAIKHversusSTATE OF GUJARAT

      R/CR.MA/24381/2025                             ORDER DATED: 16/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 24381 of 2025

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                   SHIRINBANO EAZAZSHUSEN SHAIKH & ANR.
                                   Versus
                          STATE OF GUJARAT & ANR.
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Appearance:
MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1,2
MR HARNISH V DARJI(3705) for the Respondent(s) No. 2
MR KRUTIK PARIKH, , APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 16/01/2026

                               ORAL ORDER


1.       The Applicant has filed this Application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on
Regular Bail in connection with Crime No. NCB/AZU/CR-02/2025 for
the offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985.

2.       Heard learned Advocate for the Applicant and learned APP for the
Respondent – State.

         Rule. Learned APP waives service of notice of Rule on behalf of
the Respondent - State.

3.       Learned Advocate for the Applicant has submitted that the
Applicant has good reputation in the society and no useful purpose
would be served by keeping the applicant in jail for indefinite period. It
is further contended that the applicant is ready and willing to abide by all
the conditions that may be imposed by this Court if released on bail.


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     R/CR.MA/24381/2025                             ORDER DATED: 16/01/2026




4.      Per contra, learned APP has opposed the present application for
grant of regular bail contending that the present applicants happens to be
the wife and husband respectively and they were having conscious
possession of contraband substance of Alprazolam         worth 4.534 Kg,
which is a commercial quantity. He further submitted that the applicant
no. 1, i.e. wife, was very much aware that her husband was going to fetch
the delivery of the contraband substances and despite the said knowledge
she accompanied the other co-accused that is her husband for the said
purpose and both of them caught red handed with the possession of the
said contraband substances. Learned APP has therefore submitted that
looking to the nature of offence, this Court may not exercise the
discretion in favour of the applicant and the Application may be
dismissed.
5.      Heard learned Advocates for the parties and perused the record.
The investigation is over and charge sheet is filed. As per the case of the
prosecution, the role attributed to the Applicant is to the effect that the
present applicants were travelling on a two wheeler and were found
having a conscious possession of contraband substance of Alprazolam
worth 4.534 Kg, which is a commercial quantity. The role attributed to
the applicant No. 1 is to the effect that she, despite having the knowledge
that her husband was going to fetch the delivery of the contraband
substance, she accompanied him for the said purpose and she was
caught with the other co-accused, that is, her husband. It was the
applicant No. 2 who had called for the said substance from the other co-
accused. The Coordinate Bench of this Court has considered the case of
other accused namely Shirinbano Eazazhusen for grant of bail. The
applicant No. 1 is also having small children aged 15 years and 8 years
respectively.        Considering this aspect, the Application deserves
consideration qua applicant No. 1.



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      R/CR.MA/24381/2025                              ORDER DATED: 16/01/2026




6.       Learned advocate appearing for the applicant seeks permission to
withdraw the present application qua applicant no. 2.


This court has also considered the following aspects:
(a)      As per catena of decisions of    Hon’ble Supreme Court, there are
mainly 3 factors which are required to be considered by this court i.e.
prima facie case, availability of Applicant accused at the time of trial and
tampering and hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the
Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 11.02.2025.
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

7.       Having heard the learned Advocates for the parties and perusing
the record produced in this case as well as taking into consideration the
facts of the case, nature of allegations, gravity of accusation, availability
of the Applicant Accused at the time of Trial etc. and the role attributed to
the present Applicant accused, the present Application deserves to be
allowed and accordingly stands allowed. This Court has also gone
through the FIR and police papers and also the earlier order passed by the
learned Sessions Court where the learned Sessions Judge has disallowed
the bail Application at initial stage. The Applicant No. 1 is ordered to be
released on bail in connection with the aforesaid FIR on executing a
personal bond of Rs.10,000/- with one surety of the like amount to the
satisfaction of the trial Court, subject to the following conditions that he
shall:




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      R/CR.MA/24381/2025                              ORDER DATED: 16/01/2026




(a) not directly or indirectly make any inducement, threat or promise to
any person acquainted with the fact of the case so as to dissuade him from
disclosing such facts to the Court or any Police Officer or tamper with the
evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present
address of residence to the Investigating Officer and to the Trial Court at
the time of executing the bond and shall not change the residence without
prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties
before the Trial Court. In case of change in such numbers inform in
writing immediately to the trial Court.
(e) mark presence before the concerned Police Station once in a month
for a period of six months between 11:00 a.m. and 2.00 pm.
(f) file an affidavit stating his immovable properties whether self acquired
or ancestral with description, location and present value of such
properties before the Trial Court, if any.
(g) surrender passport, if any, to the Trial Court within a week. If the
Applicant does not possess passport, shall file an Affidavit to that effect.
(h)      not leave the Territory of Gujarat without prior permission of the
trial court concerned.

8.       Bail bond to be executed before the Trial Court having jurisdiction
to try the case. It would be open for the Trial Court concerned to give
time to furnish the solvency certificate if prayed for.


9.       If breach of any of the above conditions is committed, the Trial
Court concerned will be free to issue warrant or take appropriate action
according to law. The Authorities will release the Applicant forthwith
only if the Applicant is not required in connection with any other offence


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      R/CR.MA/24381/2025                                                    ORDER DATED: 16/01/2026




for the time being.

10.      At the trial, the concerned trial Court shall not be influenced by the
prima facie observations made by this Court in the present order.

11.      Rule is made absolute. Direct service permitted.



                                                                                (M. R. MENGDEY,J)
SAKSHI MAURYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAKSHI MAURYA(HC02367), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/01/2026 16:35:01




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