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

AFTER CHARGESHEET) NO. 6095 of 2026 ==========================================================

PIYUSHKUMAR @JIGO POPATBHAI PASHABHAI CHAUHAN Versus STATE OF GUJARAT ==========================================================

Appearance:

MR NITIN T GANDHI(5620) for the Applicant(s) No. 1 ROHANKUMAR M AMIN(8851) for the Applicant(s) No. 1 MR.MEET THAKKAR, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 13/03/2026

ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11192010250134 of 2025 registered with Bagodara Police Station, District Ahmedabad

3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned APP appearing for the respondent State has vehemently submitted that the applicant herein actively involved in the present offence as the applicant had procured the contraband substance from one of the co- accused and supplied to the other co-accused. Learned APP has, therefore, submitted that the offence is serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.

5. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. The applicant had earlier preferred Criminal Misc. Application No.15449 of 2025 which was allowed to be withdrawn vide order dated 01.08.2025. However, thereafter the other co- accused who was found in possession of contraband substance in question has been considered for grant of bail. The role attributed to the present applicant is to the effect that he had procured the contraband substance from one of the co-accused and supplied it to other co-accused. Having regard to this aspect, the present application deserves to be allowed.

6. 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 09.09.2025.

(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.

7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;

(a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) shall maintain law and order and not to indulge in any criminal activities.

(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond a