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2026 Supreme(Online)(Guj) 2559

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE M. R. MENGDEY
RINABEN @ FATIMA W/O RANJIT @ KANO @ TICKIT ARVINDBHAI GHANSHYAMBHAI GOHELV/sSTATE OF GUJARAT
R/CR.MA/3317/2026



IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -

AFTER CHARGESHEET) NO. 3317 of 2026 ========================================================== RINABEN @ FATIMA W/O RANJIT @ KANO @ TICKIT ARVINDBHAI GHANSHYAMBHAI GOHEL Versus STATE OF GUJARAT ==========================================================

Appearance:

MR PUNIT R DAVE(11920) for the Applicant(s) No. 1 MR SATYAJIT S SONAGARA(12218) for the Applicant(s) No. 1 MR MEET THAKKAR, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 13/02/2026

ORAL ORDER

1. 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. 11211057240601 of 2024 registered with Surendranagar City A Police Station, Surendranagar for the offences punishable under Section 8(C), 21(A) and 21(B) of NDPS Act.

2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

3. Learned advocate appearing for the petitioner submits that the applicant is a lady who has been arrested in connection with the present offence on 29.04.2024 and since then she is in custody. He further submitted that the applicant had earlier preferred Criminal Misc. Application No. 14966 of 2025 which was ordered to be withdrawn by this Court vide order dated 13.08.2025. However, thereafter there is no progress in the trial. Moreover, the quantity of the contraband substance allegedly recovered from the present applicant is of small quantity. He, therefore, submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions. Learned Advocate for the Applicant has also submitted that the Applicant has good reputation in the society and 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.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the applicant is having other antecedent for commission of similar nature of offences. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. As per the case of prosecution the contraband substance of Opium Derivative worth 4.95 grams and Mephedrone 5.65 grams was recovered from the present applicant. Thus, there is a conscious possession on the part of the present applicant of the contraband substance involved in the present offence. Moreover, considering the contraband substance recovered from the possession of the present applicant, it prima facie appears that the contraband substance was carried by the present applicant for the purpose of sale. It is also brought on record, that the applicant is having two other antecedents for an offence punishable under the NDPS Act.

6. Having regard to these aspects no case is made out. The application stands dismissed.

(M. R. MENGDEY,J)

SAKSHI MAURYA

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