Gujarat High Court
Devendra Ambaram Ramratan Songara vs State Of Gujarat on 28 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/9809/2026 ORDER DATED: 28/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9809 of 2026
==========================================================
DEVENDRA AMBARAM RAMRATAN SONGARA & ANR.
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR UM SHASTRI(830) for the Applicant(s) No. 1,2
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/04/2026
ORAL ORDER
1. Heard learned advocate Mr. U.M. Shastri appearing on behalf of the applicants and learned Additional Public Prosecutor Mr.Trupesh Kathiriya appearing on behalf of the respondent-State.
2. At the outset learned Advocate Mr. Shastri does not press the present application qua the applicant No.1 only with liberty to approach this Court after a period of three months. Having regard to the same, the present application stands disposed of as not pressed qua the applicant No.1 only with the liberty as sought for being granted.
3. Rule. Learned APP waives service of rule on behalf of the respondent-State.
4. The applicant No.2 has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant Page 1 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:47 IST 2026 NEUTRAL CITATION R/CR.MA/9809/2026 ORDER DATED: 28/04/2026 undefined No.2 on Regular Bail in connection with FIR being C.R. No. 11821011260093 of 2026 registered with Dahod 'A' Division Police Station, District Dahod, for the offence punishable under Sections 65(e), 81, 83, 98(2) and 116-B of the Gujarat Prohibition Act and Sections 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
5. Insofar as the applicant No.2 is concerned, learned Advocate would submit that the applicant is wrongly implicated in the alleged offence. Learned Advocate 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.
6. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected to the grant of regular bail to the applicant No.2. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant No. 2 as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant No. 2 and the application Page 2 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:47 IST 2026 NEUTRAL CITATION R/CR.MA/9809/2026 ORDER DATED: 28/04/2026 undefined may be dismissed.
7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. Allegation against the accused No.2 being that he was present in the vehicle which was transporting the prohibited liquor when the same was apprehended.
ii. No specific role being attributed to the accused No.2. iii. The vehicle belonging to the accused No.1 and whereas the accused No.1 was driving the vehicle and the accused No.1 having withdrawn his application by the present order. iv. The fact of the applicant being in custody since 14.01.2026 and the charge-sheet having been filed.
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 in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the Page 3 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:47 IST 2026 NEUTRAL CITATION R/CR.MA/9809/2026 ORDER DATED: 28/04/2026 undefined opinion that this is a fit case to exercise the discretion and enlarge the applicant No.2 on regular bail.
9. Hence, the present application is allowed qua the applicant No.2 only. The applicant No.2 is ordered to be released on bail in connection with FIR being C.R. No. 11821011260093 of 2026 registered with Dahod 'A' Division Police Station, District Dahod, 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;
[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] mark presence once a month for a period of six months before the concerned police station.;
[f] furnish the proposed address of residence in the State of Gujarat 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. Page 4 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:47 IST 2026
NEUTRAL CITATION R/CR.MA/9809/2026 ORDER DATED: 28/04/2026 undefined
10. The Authorities will release the applicant No. 2 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.
11. 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.
12. 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 stage, only for the purpose of considering the application of the applicant No.2 for being released on regular bail.
13. The application is allowed qua the applicant No.2 in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) BDSONGARA Page 5 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:47 IST 2026