Gujarat High Court
Rakesh @ Raklo Lakhabhai Kodiyatar vs State Of Gujarat on 1 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/22773/2025 ORDER DATED: 01/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 22773 of 2025
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RAKESH @ RAKLO LAKHABHAI KODIYATAR
Versus
STATE OF GUJARAT
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Appearance:
MR VICKYKUMAR B PARMAR(13411) for the Applicant(s) No. 1
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR J K SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Jigar Patel for learned Advocate Mr. Maulik Soni appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. J.K. Shah 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. 11203025250292 of 2025 registered with Junagadh Taluka Police Station, District Junagadh, for the offence punishable under Sections 65(a), 65(e), 81, 98(2) and 116-B of the Gujarat Prohibition Act and Section 238 of the Bharatiya Nyaya Sanhita, 2023.
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NEUTRAL CITATION R/CR.MA/22773/2025 ORDER DATED: 01/04/2026 undefined
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 being that the applicant was transporting prohibited liquor in his truck and whereas upon seeing the police party, the applicant had absconded.
ii. The fact of the present applicant not being the owner of the Page 2 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Thu Apr 02 2026 Downloaded on : Thu Apr 02 23:55:40 IST 2026 NEUTRAL CITATION R/CR.MA/22773/2025 ORDER DATED: 01/04/2026 undefined contraband-liquor and not being the proposed receiver. iii. While the applicant is stated to have one antecedent, the same appears to be under the provision of IPC. iv. The fact of the applicant being in custody since 04.08.2025 and the charge-sheet having been laid.
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 FIR being C.R. No. 11203025250292 of 2025 registered with Junagadh Taluka Police Station, District Junagadh,, on executing a 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; Page 3 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Thu Apr 02 2026 Downloaded on : Thu Apr 02 23:55:40 IST 2026
NEUTRAL CITATION R/CR.MA/22773/2025 ORDER DATED: 01/04/2026 undefined [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 the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.; [f] mark presence once a month for a period of six months 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 free to take appropriate action in the matter.
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 trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this Page 4 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Thu Apr 02 2026 Downloaded on : Thu Apr 02 23:55:40 IST 2026 NEUTRAL CITATION R/CR.MA/22773/2025 ORDER DATED: 01/04/2026 undefined 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.
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