Gujarat High Court
Shaileshbhai Karubhai Bajaniya vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/10744/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 10744 of 2026
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SHAILESHBHAI KARUBHAI BAJANIYA
Versus
STATE OF GUJARAT
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Appearance:
MR ADILHUSHAIN M SAIYED(9723) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/05/2026
ORAL ORDER
1. Heard Mr. A.M. Saiyed, learned advocate appearing on behalf of the applicant and 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, Page 1 of 7 Uploaded by DIVYA PILLAI(HC00199) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:03 IST 2026 NEUTRAL CITATION R/CR.MA/10744/2026 ORDER DATED: 12/05/2026 undefined 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11204026260232 of 2026 registered with Kapadvanj Police Station, Kheda for the offence punishable under Sections 65(e), 81, 116(b) and 98(2) of the Gujarat Prohibition Act, 2017.
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 Page 2 of 7 Uploaded by DIVYA PILLAI(HC00199) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:03 IST 2026 NEUTRAL CITATION R/CR.MA/10744/2026 ORDER DATED: 12/05/2026 undefined 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. The applicant is a permanent resident of Aravalli, hence would be available at the time of trial; ii. Though the applicant is shown to have five criminal antecedents, as mentioned in the Investigation Officer's affidavit, which was presented before the concerned competent court in Criminal Misc. Application No. 80 of 2026, the offences at Sr. Nos. 1, 2 & 3 have already been disposed of. The orders thereof are placed on record;
iii. The role of the applicant, as per the prosecution case, is that of the driver of the Eco car bearing registration no. GJ-16-AP 4959 which was used for transporting illicit liquor;
Page 3 of 7 Uploaded by DIVYA PILLAI(HC00199) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:03 IST 2026
NEUTRAL CITATION R/CR.MA/10744/2026 ORDER DATED: 12/05/2026 undefined iv. The apprehension of learned APP, as regards the applicant indulging in similar kind of offence, if granted bail, can be put to rest by imposing stringent conditions;
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 bail in connection with F.I.R. registered as C.R. No. Page 4 of 7 Uploaded by DIVYA PILLAI(HC00199) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:03 IST 2026 NEUTRAL CITATION R/CR.MA/10744/2026 ORDER DATED: 12/05/2026 undefined 11204026260232 of 2026 registered with Kapadvanj Police Station, Kheda, 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 the State of Gujarat 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; Page 5 of 7 Uploaded by DIVYA PILLAI(HC00199) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:03 IST 2026
NEUTRAL CITATION R/CR.MA/10744/2026 ORDER DATED: 12/05/2026 undefined [f] mark his presence before the concerned police station every alternate day till the filing of charge- sheet and thereafter on every Monday till the completion of trial;
[g] not indulge in similar kind of offence hereinafter, 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. Page 6 of 7 Uploaded by DIVYA PILLAI(HC00199) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:03 IST 2026
NEUTRAL CITATION R/CR.MA/10744/2026 ORDER DATED: 12/05/2026 undefined
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) DIVYA Page 7 of 7 Uploaded by DIVYA PILLAI(HC00199) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:03 IST 2026