Gujarat High Court
Bhikharam Hanumanram Jat vs State Of Gujarat on 21 January, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/14429/2025 ORDER DATED: 21/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 14429 of 2025
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BHIKHARAM HANUMANRAM JAT
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR LB DABHI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/01/2026
ORAL ORDER
1. Heard learned advocate Mr.Kishan Daiya appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr.L.B.Dabhi appearing
on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with FIR being C.R. No.11209016230570 of
2023 registered with Himmatnagar A- Division Police Station, Sabarkantha
for the offence punishable under Sections 8(C), 15, 22 and 29 of the NDPS
Act and Section 78 of Juvenile Justice Act and Sections 465, 468 and 471 of
IPC.
4. Learned advocate for the applicant would submit that considering the
role attributed to the applicant, and nature of the allegation levelled, the
applicant may be enlarged on regular bail. It is further submitted that since
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NEUTRAL CITATION
R/CR.MA/14429/2025 ORDER DATED: 21/01/2026
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the charge-sheet is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. It is further contended that the
applicant is ready and willing to abide by all the conditions that may be
imposed by this Court if released on bail.
5. As against the same, learned Additional Public Prosecutor appearing
for the respondent – State has vehemently objected to the grant of regular
bail. Learned APP has submitted that looking to the nature of offence and
the role attributed to the present applicant as coming out from the charge-
sheet, this Court may not exercise the discretion in favour of the applicant
and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:
(i) While the offence stated in the FIR is very serious inasmuch as
273 kg poppy straw had been brought in State of Gujarat by the
present applicant as well as the juvenile accused and whereas
the commercial quantity of the contraband being 50 kg and
whereas the while the juvenile accused was found in the car in
which the contraband was being transported, the allegation
against the applicant being that he was driving the vehicle and
upon being intercepted by the police he had absconded;
(ii) while the fact of present applicant having driven the car, is
being alleged, on the other hand, it also appears that the vehicle
in question did not belong to the present applicant and was of
the ownership of one Dharmaram Jaat. It also appears that the
said Dharmaram Jaat, had been considered for being released
on regular bail by coordinate Bench of this Court vide order
dated 13.12.2023 passed in Criminal Miscellaneous Application
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No.21729 of 2023;
(iii) the fact of the present applicant being in custody since
13.12.2023;
(iv) the fact that applicant having one antecedent which is stated to
be of similar nature, it would also appear that the present
applicant having been apprehended in said other offence of
similar nature after his arrest in the present offence, where the
present applicant is alleged to be the driver of the vehicle where
the contraband drugs were being transported.
(iv) considering the above, to this Court it would appear that while
the present applicant has antecedent of being involved in
similar nature, yet this Court has also taken into account the
fact that present applicant has been apprehended in the said
offence, after his arrest in present offence. Having regard to the
same and also considering the age of the present applicant, and
the fact that the juvenile accused was travelling along with the
present applicant prima facie it would appear that the present
applicant was working as a driver only and whereas the
contraband may be of ownership of some other person and
whereas having regard to such prima facie observations, to this
Court it would appear that the requirements under Section
37(1)(b)(ii) of the NDPS Act stands fulfilled. Under such
circumstances, this Court is inclined to consider the present
application.
This Court has taken into consideration the law laid down by the
Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of
Investigation reported in [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature
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of the allegations made against the applicant in the First Information
Report, 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.
8. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No.11209016230570
of 2023 registered with Himmatnagar A- Division Police Station,
Sabarkantha, on executing a 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;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not
change the residence without prior intimation to the I.O.;
[f] mark presence once a fortnight every month till the trial
commences.
9. 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 Court concerned will be
free to take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction to
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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. At the stage of trial, the trial court shall not be influenced by any
observations of this Court which are of preliminary nature made at this
stage, only for the purpose of considering the application of the applicant
for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
MISHRA AMIT V.
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