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

AFTER CHARGESHEET) NO. 27473 of 2025 ==========================================================

SHERSINH @ SHIVSINH MAHADANSINH PADHIYAR Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH DAGLI with MR DHRUV H CHAUDHARY(12328) 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.11993010240280 of 2024 registered with Rapar Police Station, Kachchh East-Gandhidham for offences punishable under Section 8(C), 15(B), 29 of the Narcotic Drugs and Psychotropic Substances Act.

2. Learned advocate appearing for the applicant submitted that the applicant has been arrested in connection with the present offence on 16.01.2025 and since then, he is in custody. There is no progress in the trial since the arrest of the present applicant. The other co-accused, who is similarly situated to the applicant, has been considered for grant of bail by the Co- ordinate Bench of this Court and therefore, on the ground of parity, the case of the present applicant is also required to be considered. The contraband substance recovered from the possession of the present applicant was of an intermediate quantity and therefore, the rigors of Section 37 of the NDPS Act would not come into play. He therefore submitted to allow the present applicant and enlarge the applicant on bail subject to suitable conditions.

3. Learned APP has opposed the present applicant contending that the applicant is having another antecedent of similar nature of offence. He therefore submitted to dismiss the present application.

4. Heard learned advocates for the parties. The applicant had earlier preferred the Criminal Misc. Application No.7377 of 2025 which was allowed to be withdrawn by this Court vide order dated 11.04.2025. Thereafter, the present successive application has been filed by the present applicant.

5. As per the case of prosecution, the present applicant was found in conscious possession of the contraband substance of poppy-straw worth 40 kgs. The applicant is also having another antecedent for commission of similar nature of offence.

6. Sofar as the aspect of parity is concerned, the learned advocate for the applicant sought to rely upon the order passed by the Co-ordinate Bench of this Court in case of Manji Ravji Gohil. It is required to be noted that the order which is sought to be relied upon is dated 27.11.2024 whereas the applicant had withdrawn his application from this Court vide order dated 11.04.2025. Thus, the order which is sought to be relied upon was already in existence when the applicant had withdrawn his earlier application.

7. Having regard to these aspects, no case is made out to grant the regular bail to the applicant. Hence, the application is dismissed.

(M. R. MENGDEY,J)

AHS