Oral Order:

1. Heard learned advocate Mr.K.H.Daiya appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Niraj Sharma 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 the applicant on Regular Bail in connection with FIR being C.R. No.11210004250716 of 2025 registered with Amroli Police Station, District: Surat City for the offence punishable under Sections 8(C), 20(B) (II)(C) and 29 of the Narcotic Drugs and Psychotropic Substances 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 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. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

          i. Allegation is of having transacted in the prohibited contraband - Ganja which was weighing around 22 kilograms that is above the commercial quantity.

          ii. The applicant in the charge-sheet is shown as the carrier of the contraband and neither the main supplier nor the ultimate recipient.

          iii. It appears that the applicant not having any permanent employment, was in look out for job which would fetch him some money, for which he had agreed to carry the contraband from Odisha to Surat for a sum of Rs.10,000/-.

          iv. The fact of the applicant being in custody since 8 th April, 2025, charge-sheet having been filed.

          v. The applicant does not have any criminal antecedents and is a student.

          vi. The applicant's role is akin to that of Chandan @ Ravi @ Rahul Maikal @ Lab Behra who came to be granted regular bail by the coordinate bench of this Court vide order dated 13.02.2026 in Criminal Misc. Application No.3769 of 2026.

           vii. He is presently residing at Surat and hence would be available at the time of trial.

          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.

7. 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No.11210004250716 of 2025 registered with Amroli Police Station, District: Surat City, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

          [a] not take undue advantage of liberty or misuse liberty;

           [b] not act in a manner injurious to the interest of the prosecution;

          [c] surrender passport, if any, to the lower court within a week;

          [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;

          [e] furnish his address of permanent residence to the I.O. and the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the Court;

          [f] mark his presence every Sunday between 10:00 a.m. to 12.00 p.m. for one year before the concerned police station.

9. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to take appropriate action in accordance with law.

10. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

11. At the stage of trial, the Special Court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.

12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.