Gujarat High Court
Rajendrakumar Sohanlal Bhaat vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11575/2026 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. 11575 of 2026
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RAJENDRAKUMAR SOHANLAL BHAAT & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1,2
MR KIRITSINH M SISODIA(12255) 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 applicants 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 applicants have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in connection with FIR being C.R. No. 11204028260192 of 2026 registered with Kapadwanj Rural Police Station, Kheda, for the offence punishable under Sections 67A, 65(a), 65(e), 81, 83, 98(2) and 116(2) of the Gujarat Prohibition Page 1 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:23 IST 2026 NEUTRAL CITATION R/CR.MA/11575/2026 ORDER DATED: 13/05/2026 undefined Act, 1949.
4. Learned advocate for the applicants would submit that considering the role attributed to the applicants, and nature of the allegation leveled, the applicants may be enlarged on regular bail. It is further submitted that, no useful purpose would be served by keeping the applicants in jail for indefinite period. It is further contended that, the applicants are ready and willing to abide by all the conditions that may be imposed by this Court if released on bail. Learned advocate for the applicants has submitted that, the applicants shall not leave the State of Gujarat till the trial is over.
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 applicants, this Court may not exercise the discretion in favour of the applicants and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the chargesheet papers. Following aspects are considered:-
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NEUTRAL CITATION R/CR.MA/11575/2026 ORDER DATED: 13/05/2026 undefined i. The applicants though are the permanent residents of Rajasthan, shall not leave the State of Gujarat, hence would be available at the time of trial;
ii. The applicant no. 1 is the driver of the truck and applicant no. 2 is the cleaner of the truck from wherein, the consignment of illicit liquor was seized by the Police, while they were transporting the same.
iii. The applicants do not have any criminal antecedents. iv. The apprehension of the learned APP, as regards the non- availability of the applicants 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 applicants in the First Information Report, without discussing the evidence in Page 3 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:23 IST 2026 NEUTRAL CITATION R/CR.MA/11575/2026 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 applicants on regular bail.
8. Hence, the present application is allowed. The applicants are ordered to be released on bail in connection with FIR being C.R. No. 11204028260192 of 2026 registered with Kapadwanj Rural Police Station, Kheda, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one local surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;
[a] not take undue advantage of their liberty or misuse their liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender their respective passports, if any, to the trial court within a week, and if they do not possess any passport, they shall file individual affidavit to that effect; [d] not leave the geographical limits of State of Gujarat without prior permission of the Sessions Court concerned; Page 4 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:23 IST 2026
NEUTRAL CITATION R/CR.MA/11575/2026 ORDER DATED: 13/05/2026 undefined [e] furnish the present address of their respective residences in Gujarat to the I.O. and the Court at the time of execution of the bond along with documentary proof and shall not change their residence without prior intimation to the I.O. and the court;
[f] shall mark their presence on every Monday (Applicant no.1) and on every Tuesday (Applicant no.2) before the concerned police station, till the trial is over;
9. The Authorities will release the applicants only if they are 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 bonds 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 Page 5 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:23 IST 2026 NEUTRAL CITATION R/CR.MA/11575/2026 ORDER DATED: 13/05/2026 undefined preliminary nature made at this stage, only for the purpose of considering the application of the applicants 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.
(UTKARSH THAKORBHAI DESAI, J) ANIRUDH OJHA Page 6 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Thu May 14 2026 Downloaded on : Thu May 14 21:32:23 IST 2026