Gujarat High Court
Punmaram S/O Dhudaram Sukhram Vishnoi ... vs State Of Gujarat on 22 May, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/11948/2026 ORDER DATED: 22/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11948 of 2026
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PUNMARAM S/O DHUDARAM SUKHRAM VISHNOI (KHILERI)
Versus
STATE OF GUJARAT
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Appearance:
ALPESHSINH B RAJPUT(8982) for the Applicant(s) No. 1
KARAN Y VYAS(8539) for the Applicant(s) No. 1
MR ROHAN RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/05/2026
ORAL ORDER
1. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent - State.
2. Heard learned advocate for the applicant and learned APP for the respondent - State.
3. By this application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11996006260497 of 2026 registered with Tharad Police Station, District Vav- Tharad for the offences punishable under Sections 65(A), 65(E), 116(b), 98(2), 99, 81 etc. of the Gujarat Prohibition Act, under Sections 281, 324(4), 336(2), 336(3), 340(2) etc. of the Bharatiya Nyay Sanhita, 2023 and under Sections 177, 184, 3 and 181 of the Motor Vehicles Act.
4. Learned advocate for the applicant submitted that, the Page 1 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri May 22 2026 Downloaded on : Sat May 23 00:07:28 IST 2026 NEUTRAL CITATION R/CR.MA/11948/2026 ORDER DATED: 22/05/2026 undefined applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.
5. On the other hand, learned APP appearing for the respondent
- State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.
6. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-
(i) the applicant is in jail since 27.04.2026;
(ii) though, the charge-sheet is not filed, the investigation is substantially over;
(iii) there are three past antecedents but, the present applicant is not yet convicted;
(iv) the present applicant is allegedly the driver of the vehicle carrying illegal liquor;
7. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on Page 2 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri May 22 2026 Downloaded on : Sat May 23 00:07:28 IST 2026 NEUTRAL CITATION R/CR.MA/11948/2026 ORDER DATED: 22/05/2026 undefined regular bail in connection with the FIR being C.R.No.11996006260497 of 2026 registered with Tharad Police Station, District Vav-Tharad on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the Sessions Judge concerned;
[e] not leave Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the Aadhar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/contact number, SIM number without prior permission of Trial Court;
[g] mark his presence before the concerned Police Station every fortnight till the trial is over;
8. The Authorities will release the applicant only if the applicant 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 Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned 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 Page 3 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri May 22 2026 Downloaded on : Sat May 23 00:07:28 IST 2026 NEUTRAL CITATION R/CR.MA/11948/2026 ORDER DATED: 22/05/2026 undefined conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIRZAR S. DESAI,J) Dolly Page 4 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Fri May 22 2026 Downloaded on : Sat May 23 00:07:28 IST 2026