R/CR.MA/20117/2026(GJHC240631512026) ORDER DATED: 01/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 20117 of 2026 ========================================================== SAMTABHAI VISABHAI @VIHABHAI RABARI Versus STATE OF GUJARAT ========================================================== Appearance: MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 01/09/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present regular bail application is filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11993010250221 of 2025 registered with Rapar Police Station, Dist. Kachchh, for the offence punishable under Sections 8(C), 15(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 offence and now nothing is required to be recovered or discovered. Further, he has submitted that the trial in the present case is moving at snail’s pace and conclusion of trial will take considerable time and therefore, he has urged to release the applicant on the ground of delay in trial. 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 Public Prosecutor assisted by learned APP appearing on behalf of the respondent-State has opposed the present application and R/CR.MA/20117/2026(GJHC240631512026) ORDER DATED: 01/09/2026 requested to dismiss the present application for regular bail looking to the nature and gravity of the offence. [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 arrested on 24.02.2026; (3) There is nothing to be recovered or discovered from the applicant; (4) charge yet to be framed; [6] conclusion and commencement of trial will take its own time; [7] co-accused who were having conscious possession and doing drug trafficking and supply chain are released on regular bail by the co-ordinate Bench of this Court as well as by this Court; [8] The allegation against the present applicant is that he was driving Bolero Pickup vehicle in which the contraband substance (Poppy Straw) was transported from Santalgadh to R/CR.MA/20117/2026(GJHC240631512026) ORDER DATED: 01/09/2026 Fatehganj Village. [9] Considering the decision rendered in case of Rameshbhai Batubhai Dabhi vs. State of Gujarat reported in (1999) 3 GLR 1150, on the ground of parity, the present application may be allowed; [10] no past antecedents; [11] Though at the time of deciding the bail application, appreciation of evidence is not permissible, for the limited purpose, as case is based on circumstantial evidence, Court has considered the said submission and even otherwise trial is moving at snail’s pace and therefore, applicant cannot be kept behind the bars for indefinite period even considering the question of personal liberty under Article 21 of the Constitution of India as laid down by the Apex Court in the case of Union of India vs. K.A. Najeeb reported in (2021) 3 SCC 713; Mohd. Muslim alias Hussain vs. State (NCT of Delhi) reported in 2023 SCC OnLine SC 352 and Pradeep Kumar @ Banu vs. State of Punjab [SLP (Cri.) No.18775/2025]; [12] without discussing in detail on merits on the ground of delay, the present application deserves consideration; [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. Page 3 of 5 R/CR.MA/20117/2026(GJHC240631512026) ORDER DATED: 01/09/2026 [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 further on merit, 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 C.R. No. 11993010250221 of 2025 registered with Rapar Police Station, Dist. Kachchh, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five 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 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 UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and 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 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 R/CR.MA/20117/2026(GJHC240631512026) ORDER DATED: 01/09/2026 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) MOHMMEDSHAHID Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MOHMMEDSHAHID MOHMMEDHANIF SHAIKH(HC01113), Private Secretary, at High Court of Gujarat on 01/09/2026 17:15:05