IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 4130 of 2026 ========================================================

VIJAY RAMAN GUNGUNIYA Versus STATE OF GUJARAT ========================================================

Appearance:

MR DHRUVIN MEHTA FOR MS AKANKSHA S MISHRA(10571) for the Applicant(s) No. 1 MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 19/02/2026

ORAL ORDER

1. Heard learned Advocate Mr. Dhruvin Mehta for learned Advocate Ms. Akanksha Mishra on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The present applicant who has been arraigned as an accused has preferred 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. 11200045260039 of 2026 registered with Umbergaon Town Police Station, District: Valsad for the offences punishable under Sections 8(C), 20(B)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as the ‘NDPS Act’) before filing of the charge-sheet more particularly the application preferred by the applicant having been rejected by the learned Trial Court.

4. Learned Advocate on behalf of the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled against, the applicant may be enlarged on regular bail. It is further submitted that since the charge-sheet is not filed no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further submitted that applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. The present application is vehemently objected to by learned APP on behalf of respondent- State by submitting that looking to the nature of offence and the role attributed to the present applicant, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. This Court has heard learned Advocates for the respective parties and perused the FIR including the charge-sheet papers as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court.

7. This Court has also considered the following aspects:

(i) The allegation under the NDPS Act more particularly the contraband being Ganja weighing around 270 grams.

(ii) Considering the smallness of the quantity and also having regard to the fact that the applicant has no antecedents, this Court is inclined to consider this 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

8. In the facts and circumstances of the case and considering the nature 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. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11200045260039 of 2026 registered with Umbergaon Town Police Station, District: Valsad on executing a bond of Rs.10,000/- (Rupees Ten Thousands 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] M