R/CR.MA/9604/2025 ORDER DATED: 28/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 9604 of 2025 ========================================================== KALURAM S/O SHIVLAL GUJJAR Versus STATE OF GUJARAT ========================================================== Appearance: MR. HARESHKUMAR J NIHALANI(16696) for the Applicant(s) No. 1 MR JK SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 28/11/2025 ORAL ORDER 1. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being Part-B C.R. No.11994001220187 of 2022 registered with Ahmedabad Railway Police Station, Ahmedabad, for the offences punishable under Sections 8(C), 20(b)(ii)(C), 29 of the NDPS Act. 2. Brief facts of the prosecution case are that on 28.07.2022, the applicant accused along with co-accused Hetrang Sahu were caught with conscious possession of commercial quantity of ganja weighing 38 kg. 396 grams, amounting to Rs.3,38,960/- being seized and recovered. After compliance of the mandatory provisions, the contraband came to be seized and the accused were arrested. The chargesheet came to be filed on 23.09.2022 with the Jurisdictional Court. The Trial Court framed the charge on 22.12.2023. Page 1 of 4 R/CR.MA/9604/2025 ORDER DATED: 28/11/2025 3. Mr.Haresh Nihalani, learned advocate appearing for the applicant, submitted that since 28.07.2022, the accused is in jail and despite of charge framed, only one witness being examined by the Trial Court and in future, there are no chances of completion of the trial in a reasonable time and therefore, on the basis of prolonged trial, the applicant is seeking a regular bail. 4. On the other hand, Mr.J.K. Shah, learned APP vehemently opposed the prayer and submitted that there is no fault on the part of the prosecution for delay in trial proceedings because in the May-2025, the counsel for defence being appointed by the Trial Court and therefore, considering the commercial quantity and there are all possibilities that the accused may flee from justice, the prayer may not be granted. 5. Having heard learned advocate for the applicant and learned APP for the respondent – State and upon perusal of material placed on record, it appears that the charge came to be framed on 22.11.2023 and the counsel for defence being appointed on 29.05.2024, and the said counsel did not remain present before the Court, as a result, again, the legal aid being provided by appointing advocate. In addition to that, the Trial Court could not able to examine the material witnesses and till date, only one witness being examined. In such circumstances, having regard to the peculiar facts of the present case, imposing stringent conditions, this Court is inclined to enlarge the applicant on regular bail. Page 2 of 4 R/CR.MA/9604/2025 ORDER DATED: 28/11/2025 6. Hence, the bail application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being Part-B C.R. No.11994001220187 of 2022 registered with Ahmedabad Railway Police Station, Ahmedabad, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall: No. Conditions (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injuries to the interest of the prosecution; (c) surrender passport, if any, to the lower court within a week; (d) not leave Ahmedabad without prior permission of the Sessions Judge concerned; (e) furnish latest address of 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 the trial Court; 7. The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having R/CR.MA/9604/2025 ORDER DATED: 28/11/2025 jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct Service is permitted. (ILESH J. VORA,J) Rakesh Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 28/11/2025 16:23:54