Gujarat High Court
Vijaybhai Bachubhai Talpada vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11556/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11556 of 2026
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VIJAYBHAI BACHUBHAI TALPADA
Versus
STATE OF GUJARAT
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Appearance:
MR KEVAL G BRAHMBHATT (BAROT)(9900) for the Applicant(s) No. 1
MR. KARTIK C. PATEL(18437) for the Applicant(s) No. 1
MS. JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant and learned APP 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. 11204027260259 of 2026 registered with Kathlal Police Station, Kheda for the offence punishable under Sections 65(e), 81, 83, Page 1 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed May 13 2026 Downloaded on : Wed May 13 22:05:18 IST 2026 NEUTRAL CITATION R/CR.MA/11556/2026 ORDER DATED: 13/05/2026 undefined 98(2) and 116-B of the Prohibition Act, 1949.
4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation leveled, 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. Following aspects are considered:-
i. The applicant is a permanent resident of Kheda district, hence would be available at the time of trial; ii. The applicant has one antecedent in which he was acquitted vide order passed in Criminal Case No. 92 of 2024 on Page 2 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed May 13 2026 Downloaded on : Wed May 13 22:05:18 IST 2026 NEUTRAL CITATION R/CR.MA/11556/2026 ORDER DATED: 13/05/2026 undefined 04.10.2025;
iii. The applicant is the cleaner of the car from wherein the alleged muddamal liquor was intercepted by the Police; iv. As per the prosecution case, the police had intercepted the Bolero pick-up car bearing registration no. GJ-06-BT-2955 which was transporting the contraband liquor, however, the driver of the said vehicle had succeeded in fleeing from the scene, whereas, the applicant who was the cleaner came to be apprehended by the police;
v. The apprehension of the learned APP, as regards the non- availability of the applicant during the trial can be put to rest by imposing stringent condition.
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 Page 3 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed May 13 2026 Downloaded on : Wed May 13 22:05:18 IST 2026 NEUTRAL CITATION R/CR.MA/11556/2026 ORDER DATED: 13/05/2026 undefined 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 F.I.R. registered as C.R. No. 11204027260259 of 2026 registered with Kathlal 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 passport, if any, to the lower court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] not leave the geographical limits of District Kheda without prior permission of the Court concerned; [e] furnish the present address of his residence to the I.O. and Page 4 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed May 13 2026 Downloaded on : Wed May 13 22:05:18 IST 2026 NEUTRAL CITATION R/CR.MA/11556/2026 ORDER DATED: 13/05/2026 undefined 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 Friday before the concerned police station, till the trial is over.
[g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the 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 at liberty to take appropriate action in accordance with law.
10. 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.
11. 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 Page 5 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed May 13 2026 Downloaded on : Wed May 13 22:05:18 IST 2026 NEUTRAL CITATION R/CR.MA/11556/2026 ORDER DATED: 13/05/2026 undefined enlarging the applicant on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) ANIRUDH OJHA Page 6 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed May 13 2026 Downloaded on : Wed May 13 22:05:18 IST 2026