R/CR.MA/20675/2025 ORDER DATED: 17/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 20675 of 2025 ======================================================== AKILA W/O SASMIR MALEK Versus STATE OF GUJARAT ======================================================== Appearance: MR SALIM M SAIYED(5172) for the Applicant(s) No. 1 MR HARDIK MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ======================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/11/2025 ORAL ORDER 1. Heard learned Advocate Mr. Salim Saiyed on behalf of the applicant and learned Additional Public Prosecutor Mr. Hardik Mehta for the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The present applicant who has been arraigned as an accused has preferred this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 1121005025086 of 2025 registered with Rander Police Station, Surat City for the offence punishable under Sections 8(C), 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as the ‘NDPS Act’) after filing of the charge- sheet more particularly the application preferred by the applicant having R/CR.MA/20675/2025 ORDER DATED: 17/11/2025 been rejected by the learned Trial Court. 4. Learned Advocate for the applicant submit that the investigation is over and the charge-sheet is filed. It is further submitted that the applicant being lady accused and she is behind bar since 21.02.2025 It is further submitted that considering the nature of allegations, role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. 5. The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence. 6. This Court has heard learned Advocates for the respective parties and perused the FIR as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court. 7. This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. 8. This Court has also considered the following aspects: (i) While 11.060 gram of the alleged contraband ( Mephedrone) was recovered from the present applicant yet, after testing by the DFS, it has come out that the material recovered from the present applicant was not a prohibited substance. It also appears that later on it was indicated that the substance recovered from the present applicant was Mono-sodium Glutamine. Page 2 of 4 R/CR.MA/20675/2025 ORDER DATED: 17/11/2025 (ii) While it is submitted by the learned APP that it was a case of joint recovery yet, considering the manner in which FIR is written it negates an allegation of joint recovery more particularly the FIR mentioning the amount of alleged contraband recovered from each of the four accused. (iii) While the applicant has an antecedent of being involved in offence hereinbefore yet, in view of the fact that the material recovered from the applicants, was not a prohibited material under the NDPS Act, the antecedent would be of no consequence. 9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. C.R. No. 1121005025086 of 2025 registered with Rander Police Station, Surat City for the offence punishable under Sections 8(C), 22(c) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as the ‘NDPS Act’) on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [e] Mark her presence in the concerned Police Station once in a month for a period of six months between 11:00 a.m. to 2:00 p.m. R/CR.MA/20675/2025 ORDER DATED: 17/11/2025 [f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior intimation to the I.O. 10. 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 take appropriate action in the matter. 11. 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. 12. At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail. 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) NIRU Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/11/2025 14:57:55