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

AFTER CHARGESHEET) NO. 3267 of 2026 ==========================================================

RASID@JAMAL@BANARASI USMANGANI ANSARI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1 MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 12/02/2026

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. 11210061240370 of

2024 registered with Lalgate Police Station, Surat.

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 for the Applicant has 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 present applicant along with the other co-accused were found in conscious possession of contraband substances of Clephedrone and the quantity found from the possession of present applicant was 26.91 Grams. 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. The applicant had earlier preferred Criminal Misc. Application No. 7463 of 2025 which was ordered to be withdrawn by this Court vide order dated 19.06.2025 thereafter the present successive bail application has been filed by the present applicant. It is the case of prosecution in the FIR that the present applicant and the other co-accused were having in their possession the contraband substance of Mephedrone worth 125 Grams out of which the contraband substance worth 26 Grams had been found from the possession of the present applicant. The substance which was recovered from the present applicant and the other co-accused was sent for FSL examination and it was reported that the substance was not Mephedrone but was Clephedrone and therefore the other co-accused has been considered for grant of bail by the Coordinate Bench of this Court. The applicant is reported not to have any other antecedents. Considering this aspect, the Application deserves consideration. This court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 20.07.2024.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and p