And the bail Granted

And the bail Granted

This case pertains to a criminal matter under the NDPS Act, decided by the Gujarat High Court, Ahmedabad. The applicant approached the High Court seeking regular bail after remaining in judicial custody for more than three years. The case highlights the importance of constitutional liberty, especially in long-pending criminal trials.

Category: Criminal Law
Court: Gujarat High Court, Ahmedabad
Practice Area: NDPS Act & Bail Matters
Jurisdiction: Ahmedabad, Gujarat

  • Category:Health Law
  • Date:January 28, 2021
  • Client:David Lee
  • Website:www.websitename.com

  • About This Case

    The applicant was arrested in November 2021 in connection with an NDPS offence. The prosecution relied mainly on call detail records and statements of co-accused persons. No narcotic substance was recovered from the applicant’s possession.

    Despite the seriousness of the offence, the investigation did not result in direct recovery from the accused, and the trial progressed at a very slow pace. The applicant remained incarcerated for over three years without conclusion of trial, which became a significant factor in seeking bail.
    • Stringent bail conditions under the NDPS Act
    • Earlier bail application rejected
    • Large number of prosecution witnesses (300+)
    • Prolonged judicial custody without trial completion
    • Reliance on circumstantial evidence only

  • Our Process

    • 1. Detailed Case Analysis

      Examined previous bail orders, Supreme Court proceedings, and trial progress.

    • 2. Highlighting Delay in Trial

      Emphasized prolonged incarceration and low likelihood of early trial completion.

    • 3. Parity with Co-Accused

      Demonstrated that similarly placed co-accused were already granted bail.

    • 4. Constitutional Grounds

      Strong reliance placed on Article 21 – Right to Life and Personal Liberty.

  • Result

    The Hon’ble Gujarat High Court granted regular bail to the applicant, observing that successive bail applications are maintainable when there is a change in circumstances. The Court held that prolonged custody and delay in trial justified grant of bail, even in NDPS cases. The applicant was released on bail subject to standard conditions including surety, travel restrictions, and cooperation with trial proceedings.