Gujarat High Court
Kumar @Bhuro Mahesh Parmar vs State Of Gujarat on 26 May, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/12103/2026 ORDER DATED: 26/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12103 of 2026
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KUMAR @BHURO MAHESH PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 26/05/2026
ORAL ORDER
1. Heard learned advocate for the applicant and learned APP for the
respondent – State.
2. By this application filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘BNSS’), the applicant is seeking
release on regular bail in connection with the FIR being
C.R.No.11198011251483 of 2025 registered with Gangajaliya Police
Station, District Bhavnagar for the offences punishable under Sections
8(c) and 20(b) (ii)(b) of the NDPS Act.
3. Learned advocate for the applicant submitted that, the applicant is not
involved in commission of offence as alleged in the FIR and therefore,
looking to the role of the applicant and nature of the allegations, the
applicant is required to be enlarged on regular bail by imposing suitable
terms and conditions.
4. On the other hand, learned APP appearing for the respondent – State
vehemently submits that, the offences, which have been charged, are
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NEUTRAL CITATION
R/CR.MA/12103/2026 ORDER DATED: 26/05/2026
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serious in nature affecting the society at large and looking to the facts as
well as the allegations made against the applicant, no discretion would
be required to be exercised.
5. In the facts and circumstances of the case and considering the nature of
allegations, this Court is of the opinion that, discretion is required to be
exercised to enlarge the applicant on regular bail. This Court has
considered the following facts while exercising discretion in favour of
the applicant :-
(i) the applicant is in jail since 20.1.2026.
(ii) the investigation is over and the charge-sheet is filed;
(iii) The present applicant has been arraigned as an accused only on
the basis of the statement of the co-accused.
(iv) At the time of incident, the present applicant was already in
judicial custody and was in Bhavnagar Central Jail. Prior thereto,
he was already in jail and was taken into judicial custody in
connection with this offence by way of a transfer warrant dated
20.1.2026.
6. In view of the aforesaid facts, without discussing the evidence in detail,
this Court, prima facie, is of the opinion that, this is a fit case to exercise
the discretion and enlarge the applicant on regular bail. Hence, present
application is allowed and the applicant is ordered to be released on
regular bail in connection with the FIR being C.R.No.11198011251483
of 2025 registered with Gangajaliya Police Station, District
Bhavnagar on executing personal bond of Rs.10,000/- (Rupees Ten
thousand only) with one surety of the like amount to the satisfaction of
the learned Trial Court and subject to the conditions that he shall;
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NEUTRAL CITATION
R/CR.MA/12103/2026 ORDER DATED: 26/05/2026
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[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the Sessions Judge
concerned;
[e] 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;
[f] mark him presence before the concerned Police Station in the
first week of every month till the trial is over;
7. The Authorities will release the applicant only if the applicant 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. Bail bond to be executed before the learned 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. At the trial, learned 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.
8. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(NIRZAR S. DESAI,J)
Manshi
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