R/CR.MA/17787/2026 ORDER DATED: 04/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 17787 of 2026 ========================================================== FARAN @SAHIL HAJIBHAI METAR (GHANCHI-MUSALMAN) Versus STATE OF GUJARAT ========================================================== Appearance: MR. MANOJ T DANAK(6264) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/08/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is led under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R.No.11995001250007 of 2025 registered with State Monitoring Cell, District Gandhinagar for the o.ence under Sections 8(C), 20(b)(ii)(C), 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 o.ence. Investigation is over and charge- sheet has been led. He, therefore submits that, considering role of the present applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. Page 1 of 5 R/CR.MA/17787/2026 ORDER DATED: 04/08/2026 [4.0] Learned APP appearing on behalf of the respondent- State has opposed the present application and submitted that, the applicant is facing serious charges and involved in tra.icking of narcotic drugs. Rigorous of Section 37 is applicable. Through CDR, the applicant is found in constant touch with the co-accused. Therefore, it is very much establishes that the applicant is involved in the o.ence alleged and if he is granted bail, possibility cannot be ruled out to indulge himself in such type of o.ence again. Considering the gravity of o.ence, application does not deserve any consideration. [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged o.ence, 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. Page 2 of 5 R/CR.MA/17787/2026 ORDER DATED: 04/08/2026 [6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. As per the case of the prosecution, the applicant was driving the truck involved in the o.ence alleged which was loaded by iron pipes wherein contraband of 67.920 k.g. ganja was found. The said muddamal was sent by the co-accused Vishal. Except driving of the vehicle, no role is attributed to the applicant. He was a part-time driver. It is needless to say that once vehicle was loaded with the goods namely iron pipes and the applicant was in contact of his master may be but- natural. At this stage, this Court is satised with the rigorous of Section 37 of NDPS Act. Report of PSI, State Monitoring Cell, Gujarat State, Gandhinagar is taken on record. Following aspects have been considered: (1) Investigation is over and charge-sheet has been led; (2) Applicant is behind the bar since 19/04/2025; (3) There is nothing to be recovered or discovered from the applicant as contraband is already seized; (4) The applicant is having no past antecedents; (5) 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. Page 3 of 5 R/CR.MA/17787/2026 ORDER DATED: 04/08/2026 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 t 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.11995001250007 of 2025 registered with State Monitoring Cell, District Gandhinagar, on executing a personal bond of Rs.25,000/- (Rupees twenty ve 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 India till trial is over, without prior permission of the Trial Court concerned; R/CR.MA/17787/2026 ORDER DATED: 04/08/2026 (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 O.icer 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; (g) not to indulge in similar type of activity and 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 o.ence 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 inJuenced 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) ILA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 04/08/2026 14:15:45