MAHESHKUMAR @ VIJAY RAMSAHAY NISHADversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
Holding
The Court denied temporary bail, finding that the nature of the NDPS offences and the applicant's out‑of‑state residence warranted refusal.
Summary
Maheshkumar @ Vijay Ramasahay Nishad applied for a 30‑day temporary bail on the ground that he needed to provide financial assistance to his family. The State, represented by counsel Vinay Vishen, informed the Court that the applicant had been arrested by DCB Police Station for offences punishable under Sections 21(c), 29 and 8(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The Court noted that the applicant is a permanent resident of Uttar Pradesh, raising a risk that he might not appear for trial if released. Considering the seriousness of the NDPS offences and the likelihood of the applicant absconding, the Court exercised its discretion against granting bail. Consequently, the application for temporary bail was rejected.
Issues considered
- Whether a person accused of offences under Sections 21(c), 29 and 8(c) of the NDPS Act is eligible for temporary bail.
- Whether the applicant's residence outside Gujarat creates a risk of non‑appearance justifying denial of bail.
- Whether the court should exercise its discretion in favour of bail in light of the nature of the offences.
Subjects
Judgment
R/CR.MA/3568/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 3568 of
2026
==========================================================
MAHESHKUMAR @ VIJAY RAMSAHAY NISHAD
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR. VINAY VISHEN, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/02/2026
ORAL ORDER
1. The applicant has preferred the present application praying
for temporary bail of 30 days, on the ground for providing
nancial assistance to his family.
2. Heard learned APP Mr. Vinay Vishen for the respondent-
State who has drawn the attention of the Court towards the fact
that, the applicant came to be arrested by DCB Police Station for
the o)ences punishable under Section 21(c), 29, 8(c) of the NDPS
Act. Hence, this court may not exercise discretion in favour of the
applicant.
3. On perusing the jail remarks, it appears that the applicant is
a permanent resident of Uttar Pradesh, hence if granted bail may
not return to face the trial.
Page 1 of 2
R/CR.MA/3568/2026 ORDER DATED: 12/02/2026
4. In the event, this court is not inclined to exercise discretion
in favour of the applicant. Accordingly, the application is
rejected.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 13/02/2026 16:12:01
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.