Gujarat High Court
Vasava Ashishbhai Datokiyabhai vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/8839/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 8839 of 2026
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VASAVA ASHISHBHAI DATOKIYABHAI
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/04/2026
ORAL ORDER
1. Heard Mr. Jaydeep H. Sindhi, learned advocate appearing on behalf of the applicant and Mr. Soaham Joshi, 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 the applicant on Regular Bail in connection with FIR being C.R. No. 11823017260371 of Page 1 of 5 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:21 IST 2026 NEUTRAL CITATION R/CR.MA/8839/2026 ORDER DATED: 17/04/2026 undefined 2026 registered with Rajpipla Police Station, District:
Narmada for the offence punishable under Sections 65(A), 65(E), 81, 116(B) and 98(2) of the Prohibition 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, 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, 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. Page 2 of 5 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:21 IST 2026
NEUTRAL CITATION R/CR.MA/8839/2026 ORDER DATED: 17/04/2026 undefined Following aspects are considered:-
i. The applicant is a permanent resident of Narmada District and would be available at the time of trial; ii. The applicant does not have any criminal antecedents;
iii. The applicant was the cleaner who was travelling in the vehicle, which was transporting the illicit liquor consignment.
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.
9. Hence, the applicant is ordered to be released on Page 3 of 5 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:21 IST 2026 NEUTRAL CITATION R/CR.MA/8839/2026 ORDER DATED: 17/04/2026 undefined bail in connection with F.I.R. registered as C.R. No. 11823017260371 of 2026 with Rajpipla Police Station, District: Narmada, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five 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;
[c] surrender his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect; [d] not leave the local limits of Narmada District without prior permission of the Trial Court concerned; [e] furnish the present address of his residence to the I.O. and to 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 on every Monday before the concerned police station for three months; [g] not indulge in similar kind of offence hereinafter, Page 4 of 5 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:21 IST 2026 NEUTRAL CITATION R/CR.MA/8839/2026 ORDER DATED: 17/04/2026 undefined for which, he shall file an affidavit before the concerned court and the police station.
10. 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.
11. Bail bond to be executed before the trial 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.
12. At the stage of trial, the competent 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 enlarging the applicant on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) MAYA Page 5 of 5 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:21 IST 2026