##PAGE1##

NEUTRAL CITATION

R/CR.MA/11580/2026 ORDER DATED: 13/05/2026

0.47562488025330507

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER

CHARGESHEET) NO. 11580 of 2026

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

HITENDRASINH @ HAKO KADI S/O BHUPATSINH JADEJA

Versus

STATE OF GUJARAT

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

Appearance:

MR.ALOK M THAKKAR(6510) for the Applicant(s) No. 1

MS JYOTI BHATT, APP for the Respondent(s) No. 1

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

CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI

Date : 13/05/2026

ORAL ORDER

1. Heard learned advocate appearing on behalf of the

applicant and learned Additional Public Prosecutor appearing

on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the

respondent-State.

3. The applicant has filed this application under Section 483

of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging

Page 1 of 7

Uploaded by MS.PARUL DUTTA(HCD0073) on Thu May 14 2026 Downloaded on : Fri May 15 00:09:37 IST 2026

NEUTRAL CITATION

R/CR.MA/11580/2026 ORDER DATED: 13/05/2026

0.47562488025330507

the applicant on Regular Bail in connection with FIR being

C.R. No. 11208044250630 of 2025 registered with Praduman

Nagar Police Station, Rajkot City, for the offence punishable

under Sections 8(c), 21(c) and 29 of the NDPS Act.

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, further incarceration of the applicant will not benefit

the Investigation Officer in any manner. 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

Page 2 of 7

Uploaded by MS.PARUL DUTTA(HCD0073) on Thu May 14 2026 Downloaded on : Fri May 15 00:09:37 IST 2026

NEUTRAL CITATION

R/CR.MA/11580/2026 ORDER DATED: 13/05/2026

0.47562488025330507

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 discretion in favour of the applicant

and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of

the respective parties and perused the papers. Following

aspects are considered:-

i. The applicant is a resident of Rajkot, hence would be

available at the time of trial.

ii. Though the applicant is having 12 previous antecedents,

majority of them are offences under the Prohibition Act and

whereas, two offences are under the IPC and one offence is

under Arms Act. There do not appear any previous offences,

which are identical in nature.

iii.As per the prosecution case, the applicant was found in

possession of 33.48 gms of mephedrone drug, which is of

Page 3 of 7

Uploaded by MS.PARUL DUTTA(HCD0073) on Thu May 14 2026 Downloaded on : Fri May 15 00:09:37 IST 2026

NEUTRAL CITATION

R/CR.MA/11580/2026 ORDER DATED: 13/05/2026

0.47562488025330507

intermediate quantity, hence, the rigours of Section 37 of

the NDPS Act will not apply.

iv. The apprehension of the learned APP would be allayed

by imposing stringent conditions.

7. This Court has taken into consideration the law laid

down by the Hon’ble Apex Court in the case of Sanjay

Chandra v. Central Bureau of Investigation reported in [2012] 1

SCC 40.

8. In the facts and circumstances of the case and

considering the nature of the allegations made against the

applicant in the First Information Report, without discussing

the evidence in detail, prima facie, this Court is of the opinion

that, this is a fit case to exercise the discretion and enlarge

the applicant on regular bail.

Page 4 of 7

Uploaded by