Gujarat High Court
Soyeb @ Saddam Mustak Patel vs State Of Gujarat on 18 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/CR.MA/10122/2025 ORDER DATED: 18/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 10122 of 2025
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SOYEB @ SADDAM MUSTAK PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MS. ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 18/07/2025
ORAL ORDER
1. This application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for successive regular bail in connection with FIR registered as C.R. No.I- 11210015200082/2020 with D.C.B. POLICE STATION, SURAT CITY, for the offence punishable under Sections 8(C), 22(C) and 29 of the NDPS Act.
2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
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4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-
I) The F.I.R. is registered on 22-09-2020 for the offence which is alleged to have taken place on 22-09-2020;
II) The applicant is in custody since 06-11-2020;
III) Investigation is concluded and charge-sheet is filed;
IV) This application is moved on the ground of parity as after the dismissal of his application on merits by order dated 15-
12-2023 and rejection of SLP No.13708 of 2024 on 05-04- 2024.
V) Learned Advocate for the applicant submitted that 9 other co-accused with identical role have been enlarged on regular bail.
VI) The Court has taken into consideration the orders passed by the Coordinate Benches of this Court in connection with co-accused and considered the parity which is drawn with the other accused persons whose role is identical to that of the applicant, which is given as under:-
(1) Denish Surendra Jota:- He remained in contact with the main accused namely Mohammad Salman @ Aman Jhaveri through five different mobile numbers and used to procure drugs from him. The main accused used to deliver drugs to this accused at various locations. This co-accused initially approached this Court seeking regular bail, however, the said application was withdrawn vide order dated 08.06.2022 in CRMA No.9939 of 2022 with a liberty to file an appropriate Page 2 of 7 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:31:02 IST 2025 NEUTRAL CITATION R/CR.MA/10122/2025 ORDER DATED: 18/07/2025 undefined application. Thereafter, the accused approached this Court for regular bail which was rejected vide order dated 01.02.2023 passed in CRMA 16203 of 2022. Against the aforesaid order, this co-accused has approached the Hon'ble Supreme Court by way of SLP (Crl.) No.4267 of 2023. The said SLP was dismissed vide order dated 09.08.2023. Ultimately, the co-
accused was enlarged on regular bail by coordinate bench of this Court vide order dated 28.02.2025 passed in Criminal Misc. Application No.23992 of 2024.
(2) Raghuraj @ Raghu Rameshwarbhai Rathod:- The accused used to purchase MD drugs from Mohammad Salman @ Aman Jhaveri and used to sell the said drugs to different customers. The co-accused approached this Court seeking regular bail, which was granted vide order dated 07.03.2024 passed in Criminal Misc. Application No.1924 of 2024.
(3) Mehul @ Minesh Naranbhai Barot:- This co-accused acted on the directions of Pratik Brahmbhatt and used to call Sanket Asalaliya and placed orders for MD drugs in quantities. The said drugs were then handed over to Pratik Brahmbhatt. In this manner, MD drugs were procured from Sanket Aslaliya on multiple occasions which were consumed for intoxication and also sold. This co-accused initially approached this Court seeking regular bail, however, this Court has rejected the bail application vide order dated 24.07.2024 passed in CRMA No.11066 of 2024. Against this order, this co-accused has approached the Hon'ble Supreme Court by way of SLP (Crl.) No.13876 of 2024. The said SLP was withdrawn vide order dated 14.10.2024 after making some submissions and hence the SLP stood dismissed as withdrawn. Ultimately, the co- accused was enlarged on regular bail by this Court vide order dated 25.04.2025 passed in Criminal Misc. Application No.5924 of 2025.
(4) Pratik Navinbhai Brahmbhatt:- The accused procured 4 grams of MD drugs from Sanket Asalaliya and consumed it for intoxication. Also on several occasions, they sold 1 gram of MD drugs. This co-accused has been enlarged on bail vide Page 3 of 7 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:31:02 IST 2025 NEUTRAL CITATION R/CR.MA/10122/2025 ORDER DATED: 18/07/2025 undefined order dated 23.04.2024 passed in Criminal Misc. Application No.6522 of 2024 by this Court.
(5) Nazil @ Nazim Rashid Saiyed:- The accused used to purchase MD drugs from main accused Mohammad Salman @ Aman Jhaveri and would sell the same in small packets in the open area. The bail applications of this co-accused initially have been rejected by the Co-ordinate Bench of this Court vide orders dated 22.09.2022, 16.01.2023 and 27.10.2023 passed in CRMA Nos.16218 of 2022, 838 of 2023 and 15482 of 2023 respectively. However, this accused has been enlarged on regular bail vide order dated 03.01.2025 passed in Criminal Misc. Application No.22165 of 2024 passed by the Co-ordinate Bench of this Court.
(6) Mohammad Sufiyan @ Baba Ashraf Memon:- This accused knew the main accused- Mohammad Salman @ Aman Jhaveri for a period of one and half years. This accused used to procure MD drugs from main accused and sold the said drugs. This accused has been granted bail by this Court vide order dated 29.11.2024 passed in Criminal Misc. Application No.15445 of 2024.
(7) Veeramani @ Anna @ Pandurang Andyapan @ Karuppasami Andyapan:- The accused was approached by Manoj Laxman Patil, who offered to supply MD drugs to him for the purpose of sale. Manoj Patil introduced this accused to Pravin Mhatre and informed him that Pravin would bring MD drugs and assist him in selling them. Manoj used to handover the drugs to this accused and from there, Pravin Mhatre used to take this accused to Mumbai V.T. Railway station from where this accused would go to nearby areas and sell the MD drugs. The applicant was granted parole leave by Co-ordinate Bench of this Court, which he had jumped and remained absconding and, thereafter, after a period of 286 days he was arrested by the police officer. During that period also, one another FIR has been registered against him under the provisions of NDPS Act. Thereafter, the bail application of this accused has been considered by the Co-ordinate Bench of Page 4 of 7 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:31:02 IST 2025 NEUTRAL CITATION R/CR.MA/10122/2025 ORDER DATED: 18/07/2025 undefined this Court vide order dated 11.10.2024 passed in Criminal Misc. Application No.18962 of 2024.
(8) Vijay Natubhai Dodiya:-This accused used to purchase MD drugs from main accused Mohammad Salman @ Aman Jhaveri which were sold by this accused. This accused also consumed MD drugs alongwith his friend Sandipbhai Mali. This accused has been granted bail by this Court vide order dated 19.04.2024 passed in Criminal Misc. Application No.16935 of 2023.
Hence, applying principle of parity.
VII) The Court has also considered the role attributed to each of the accused, who has been enlarged on regular bail and compare the same with the role attributed to the present applicant. Role is identical of having played as an intermediate for procuring Narcotic drug and being in touch with main supplier on phone call and transfer of some money in this regard.
VIII) To which, learned Advocate for the applicant has submitted that the amount transferred is from the account of co-accused; Niyaz @ Munna Tufail Ahmad Ansari. However, no transfer of money has taken place at the hands of the applicant. Moreover, the applicant was not found in conscious possession.
IX) Learned Advocate for the applicant has submitted that total 312 witnesses cited in the charge-sheet, out of which 43 witnesses have been examined.
X) Having considered the submissions and the facts and circumstances, there is nothing on record to suggest that the accused is a flight risk or that he has evaded the process of law. Moreover, such risk can be mitigated through appropriate conditions such as surrendering travel documents, Page 5 of 7 Uploaded by MR PARESH J SOMPURA(HC00451) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:31:02 IST 2025 NEUTRAL CITATION R/CR.MA/10122/2025 ORDER DATED: 18/07/2025 undefined providing a local surety, and ensuring regular appearances before the trial court as and when required.
XI) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
6. 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.
7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-11210015200082/2020 registered with D.C.B. POLICE STATION, SURAT CITY, on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand Only) with one 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
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(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;
8. 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 Judge concerned will be free to issue warrant or take appropriate action in the matter.
9. 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.
10. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
11. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
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