R/CR.MA/1040/2026 ORDER DATED: 10/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 1040 of 2026 ========================================================== SHAHJEB KHAN S/O SHAMSHER KHAN Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: LEARNED SENIOR ADVOCATE MR IH SYED assisted by AS TIMBALIA(7372) for the Applicant(s) No. 1 MR ANKIT SHAH(6371) for the Respondent(s) No. 2 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/07/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with Crime No. NCB/AZU/CR-02/2025 registered with Narcotics Control Bureau Zonal Unit, Ahmedabad for the offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [3.0] Learned senior advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. The present applicant has nothing to do with the offence. Nothing has been recovered from the conscious possession of the present applicant. It is submitted that co-accused Azah Hussain and Shirin have stated that the supplier is a lady, viz. Baaji. No money trail has been established, nor has any money been transferred to or recovered from the present applicant. Baaji was accepting the money in her son's account, and it is alleged that Shirin was an abettor of the crime and was arrested on the spot from where the contraband was recovered. Nothing has been recovered from the direct R/CR.MA/1040/2026 ORDER DATED: 10/07/2026 possession of the present applicant. He only happens to be the brother of the present applicant. The present applicant is not involved in any manner and has not abetted the offence. The persons from whose conscious possession the contraband was recovered have already been released on bail. Considering the aforesaid facts, it is requested to allow the present application, as the conclusion and commencement of the trial will take their own time. The co-accused have also been released on bail, and the identification of the contraband itself is in dispute.He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that he is involved in the offence. Hence, she has requested to dismiss the present application. [4.1] Learned advocate Mr. Shah, appearing for respondent No. 2–NCB, vehemently opposed the application on the ground that a huge quantity of Alprazolam, i.e., 4.534 kg, was recovered. He submitted that the present applicant is involved in drug trafficking. The entire consignment of Alprazolam was allegedly supplied by the present applicant. His involvement is revealed through call detail records, WhatsApp chats, and financial records, which indicate that the present applicant is a drug trafficker and has received ₹23 lakhs as proceeds of the crime. The statements of the co- accused also corroborate the involvement of the present applicant. It was further submitted that, if the applicant is released on bail, the possibility of his tampering with the evidence or committing a similar offence cannot be ruled out. It was, therefore, prayed that the present application be dismissed. [5.0] 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 R/CR.MA/1040/2026 ORDER DATED: 10/07/2026 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. [6.0] 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) There is nothing to be recovered or discovered from the applicant; (5) conclusion and commencement of trial will take its own time; (7) it appears that the present applicant was arrested on 4th July, 2025; (8) The present applicant has been implicated primarily on the basis of the statements of the co-accused, wherein it has been alleged that the applicant was involved in the trafficking of Alprazolam, which is a commercial quantity. Consequently, the rigors of Section 37 of the NDPS Act are attracted and are applicable to the present case; (9) The present applicant has no direct involvement, nor has any contraband been recovered from his conscious possession. The accused from whose conscious possession the contraband R/CR.MA/1040/2026 ORDER DATED: 10/07/2026 was recovered have already been enlarged on bail by the Coordinate Bench. The present applicant has a similar role and has been arraigned as an accused on the basis of the confessional statement of the brother of the present applicant. Since the co-accused are the mother and brother of the present applicant, the WhatsApp calls and contacts are natural. The conscious possession of the contraband was with the other accused; (10) The learned Coordinate Bench has been pleased to record its satisfaction that the twin conditions under Section 37(1)(b)(ii) of the NDPS Act are fulfilled. The commencement and conclusion of the trial will obviously take its own time. Therefore, with stringent conditions, the present application deserves consideration, as the present applicant is also entitled to claim parity since the co-accused is already released on bail by co-ordinate bench of this Court. Hence, on the ground of parity, the present application deserves consideration considering the decision rendered in the case of Rameshbhai Batubhai Dabhi vs. State of Gujarat reported in (1999) 3 GLR1150. [7.0] 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 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. [8.0] In the facts and circumstances of the case and considering the nature R/CR.MA/1040/2026 ORDER DATED: 10/07/2026 of the allegations made against the applicant 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 on regular bail. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with Crime No. NCB/AZU/CR- 02/2025 registered with Narcotics Control Bureau Zonal Unit, Ahmedabad on executing a personal bond of Rs.50,000/- (Rupees Fifty thousand) 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 to leave Gujarat State till trial is over, 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; (f) furnish the Aadhar card, email ID/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/contact number without prior permission of Trial Court; [9.0] 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 issue warrant or take appropriate action in the matter. [10.0] 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 R/CR.MA/1040/2026 ORDER DATED: 10/07/2026 and/or relax any of the above conditions, in accordance with law. [11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. [12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) KUMAR ALOK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 13/07/2026 17:14:49