R/CR.MA/16677/2026 ORDER DATED: 21/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 16677 of 2026 ========================================================== BAHAN @SATYAVAN BIJAY MAHANTI Versus STATE OF GUJARAT ========================================================== Appearance: MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MR H K PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/07/2026 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 Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11214042240974 of 2024 registered with Olpad Police Station, Dist. Surat Rural, for the offence under Sections 8(c), 20(b)(ii)B and 29 of NDPS Act. [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Allegation against the applicant is that, the applicant and other co-accused are selling Ganja and from conscious possession of the shop No.3 which was not belonged to the applicant. Applicant has received salary of Rs.20,000/- per month from the main accused. The applicant has no past antecedent. Co-accused is granted bail and on the ground of parity also, applicant may be enlarged on bail. 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, the applicant is facing R/CR.MA/16677/2026 ORDER DATED: 21/07/2026 serious charges and involved in trafficking of narcotic drugs. Therefore, present application does not deserve consideration. [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 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 chargesheet has been filed; (2) Applicant is behind the bar since 10.07.2024; (3) There is nothing to be recovered or discovered from the applicant; (4) There is no possibility to conclude the trial in near future. (5) Having no past antecedent. (6) The role attributed to the present applicant is that he was indulged at the instance of co-accused Dharmendra @ Dhani Anant Raut, and he was getting Rs.20,000/- per month for drug trafficking. As per the instructions of co-accused Dharmendra, he used to sell the contraband. The said co-accused has already been enlarged on bail by the Co-ordinate Bench of this Court, considering the rigors of Section 37(1)(b)(ii) of the NDPS Act. As the role of the present R/CR.MA/16677/2026 ORDER DATED: 21/07/2026 applicant is lesser than Dharmendra, and considering his lesser role, benefit of parity may be granted in favour of the present applicant. Considering the decision rendered in case of Rameshbhai Batubhai Dabhi vs. State of Gujarat reported in (1999) 3 GLR1150, on the ground of parity, the present application deserves consideration;. (7) Apprehension of the learned APP that the applicant is not being permanent resident of the State of Gujarat, if released, he may abscond, could be allayed by imposing suitable conditions. [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 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 FIR being C.R. No. 11214042240974 of 2024 registered with Olpad Police Station, Dist. Surat Rural on executing a personal bond of Rs.25,000/- (Rupees twenty five thousand) with one local 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 & R/CR.MA/16677/2026 ORDER DATED: 21/07/2026 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 enter into the State of Gujarat except for marking presence and/or attending the court proceedings; (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, SIM 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 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) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 21/07/2026 14:48:10