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NEUTRAL CITATION

R/CR.MA/7099/2026 ORDER DATED: 02/04/2026

0.3717744821303802

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

AFTER CHARGESHEET) NO. 7099 of 2026 ========================================================

HARDIKKUMAR PRAVINBHAI MAHETA Versus STATE OF GUJARAT

========================================================

Appearance:

MR VISHVAJITSINH D CHAUHAN(10160) for the Applicant(s) No. 1 MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1 MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 02/04/2026

ORAL ORDER

1. Heard learned Advocate Mr. Vishvajitsinh D. Chauhan on behalf of the applicant and learned Additional Public Prosecutor Mr. J.K. Shah 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.11209040250090 of 2025 registered with Poshina Police Station, District: Sabarkantha for the offences punishable under Sections 8(C), 20(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’) after filing of the charge-sheet more particularly the application

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NEUTRAL CITATION

R/CR.MA/7099/2026 ORDER DATED: 02/04/2026

0.3717744821303802

preferred by the applicant having been rejected by the learned Trial Court.

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 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. 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. Following aspects are considered:

(i) The allegation being that the accused had transacted in contraband – Cannabis weighing around 20.435 Kilogram.

(ii) While it appears that the present applicant was found in the vehicle, in which the contraband was being transported, it would also appear that co-accused, Sarfrazmiya Pathan who was also found

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NEUTRAL CITATION

R/CR.MA/7099/2026 ORDER DATED: 02/04/2026

0.3717744821303802

inside the very vehicle.

(iii) This Court has considered the fact that a learned Co-ordinate Bench vide order dated 06.03.2026 in Criminal Misc. Application No. 26462 of 2025 has released co-accused who was found in the vehicle. (iv) Considering the same, since there is no special role attributed to the present applicant which was not attributed to co-accused released by this Court, and also considering that the present applicant is in custody since 16.03.2025 and the charge sheet is filed and present applicant having no ant