R/CR.MA/13925/2026 ORDER DATED: 12/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 13925 of 2026 ========================================================== NISHANT HITESHBHAI SANGHVI Versus STATE OF GUJARAT ========================================================== Appearance: MR BM MANGUKIYA(437) for the Applicant(s) No. 1 MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 12/08/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is 9led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11995001250039 of 2025 registered with State Monitoring Cell, District Gandhinagar for the oAences under Sections 8(C), 21(c) and 29 of the NDPS Act. [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the oAence and now nothing is required to be recovered or discovered. He has further submitted that applicant is in the legitimate business of drug and having license also in that regard, copy of which is tendered and is taken on record. He therefore submits that, considering the nature of the oAence, the applicant may be enlarged on regular bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State has tendered report submitted by the PSI, State Monitoring Cell, Gandhinagar which is taken on record. She has opposed the present application and R/CR.MA/13925/2026 ORDER DATED: 12/08/2026 requested to dismiss the present application for regular bail looking to the nature and gravity of the oAence on the ground that 1798 bottles were recovered from the residence of the applicant alongwith 158 empty cartons / boxes and even statements of purchasers / customers of said contraband have been recorded which clearly reveal that the applicant used to sell the contraband from his house unauthorizedly and indulged in drug traIcking activity and therefore, rigors of section 37 of the NDPS Act will be applicable in the present case since the contraband recovered is in commercial quantity. She has also submitted that applicant has sold contraband to co-accused Sanjay and there are UPI transactions between the applicant and said co-accused Sanjay and therefore, he has requested to dismiss the present application. [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged oAence, 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) The allegation against the applicant is that applicant used to sell contraband drug from his residence however, the applicant has R/CR.MA/13925/2026 ORDER DATED: 12/08/2026 produced copy of drug license which shows that the applicant is in legitimate business of alleged drug and even otherwise, said muddamal contraband is recovered and investigation is over and charge-sheet is 9led; (2) So far as selling of alleged contraband drug to co-accused Sanjay and there being UPI transactions between the applicant and said co- accused is concerned, even if we consider breach of any of the license condition, applicant is in legitimate business of selling the alleged drug and therefore, though rigors of section 37 of the NDPS Act are applicable but are satis9ed due to the fact that the applicant is holding license to deal in the said drug; (3) Applicant is behind the bars since 17.11.2025; (4) There is nothing to be recovered or discovered from the applicant; (5) The applicant is not having any past antecedent; (6) Obviously commencement and conclusion of trial will take some time. [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/13925/2026 ORDER DATED: 12/08/2026 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 9t 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.11995001250039 of 2025 registered with State Monitoring Cell, District Gandhinagar on executing a personal bond of Rs.25,000/- (Rupees Twenty-9ve 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 territory of 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 a.m. and 2.00 p.m.; (f) furnish the copy of Aadhaar card, email ID/contact number / permanent and present address of his residence to the Investigating OIcer and also to the Court at the time of execution of the bond and shall not change the residence and contact number/SIM card without prior permission of Trial Court; (g) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant. [9.0] The authorities will release the applicant only if he is not required in connection with any other oAence 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. Page 4 of 5 R/CR.MA/13925/2026 ORDER DATED: 12/08/2026 [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 inOuenced 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.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/08/2026 14:28:21