R/CR.MA/539/2025 ORDER DATED: 19/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 539 of 2025 ========================================================== BHAVESHBHAI MATHURBHAI KHICHADIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR KISHAN K NAYI(13080) for the Applicant(s) No. 1 MR MUHAMMAD QUASIM VORA(10344) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/06/2025 ORAL 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 Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11199039240288 of 2024 registered with Palej Police Station, Bharuch for the offences punishable under Sections (C), 21(c), 29 of the NDPS Act. 3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions. Page 1 of 6 R/CR.MA/539/2025 ORDER DATED: 19/06/2025 4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is further submitted that the applicant is directly involved in the heinous crime. It is submitted that a large quantity of contraband material was found in the conscious possession of the applicant, for which the applicant holds neither a licence nor any authority. Even the CCTV footage reveals the said fact. In support of this submission, the learned APP has placed reliance on the judgment passed by this Court in Govindbhai Valabhai Prajapati v. State of Gujarat, 2023 (0) AIJEL-HC 247670. Therefore, the present application may be dismissed. 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. Page 2 of 6 R/CR.MA/539/2025 ORDER DATED: 19/06/2025 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) investigation is over and charge-sheet is filed; (2) None of the offence alleged is punishable with life sentence or death penalty; (3) Applicant is behind the bars since 06.06.2024; (4) Nothing is further required to be recovered or discovered from the conscious possession of the present applicant; (5) A total of 510 bottles of contraband (narcotic) cough syrup were found in the possession of the present applicant. However, the applicant holds a valid licence to sell the said syrup. (6) Rigor of Section 37 of the NDPS Act would not be applicable, as the contraband involved is of intermediary quantity rather than commercial quantity. (7) The applicant has no past criminal antecedents, and 42 witnesses are yet to be examined. Therefore, the trial is likely to take considerable time. 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 R/CR.MA/539/2025 ORDER DATED: 19/06/2025 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/s 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/s on regular bail. Hence, the present application is allowed. The applicants is/are ordered to be released on regular bail in connection with FIR being C.R. No.11199039240288 of 2024 registered with Palej Police Station, Bharuch 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 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 a month for a period of six months between 11.00 R/CR.MA/539/2025 ORDER DATED: 19/06/2025 a.m. and 2.00 p.m.; (f) furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and 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) not indulge in any illegal activity or any similar type of offence. If the applicant is found in any illegal activity or any similar type of activity, then, concerned Investigating Officer shall have liberty to file an application for cancellation of bail against the present applicant. In case of breach of any conditions, the concerned Trial Court shall have liberty to cancel the bail of the present applicant; 9. The authorities will release the applicant/s 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 R/CR.MA/539/2025 ORDER DATED: 19/06/2025 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) 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 19/06/2025 18:21:57