Gujarat High Court
Yash @ Bitu Sureshbhai Jijuwadia vs State Of Gujarat on 6 August, 2025
NEUTRAL CITATION
R/CR.MA/16039/2025 ORDER DATED: 06/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 16039 of 2025
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YASH @ BITU SURESHBHAI JIJUWADIA
Versus
STATE OF GUJARAT
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Appearance:
MR HIRENKUMAR M NIYALCHANDANI(9959) for the Applicant(s) No. 1
MR. GAURANG P GOKANI(14366) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 06/08/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on
behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita for regular bail in connection
with F.I.R. No.11208003250644 of 2025 registered with
Gandhigram-2 (University) Police Station, District Rajkot.
3. Learned advocate for the applicant has submitted that
considering the nature of offence and role attributed to the
applicant, the applicant may be enlarged on regular bail by
imposing suitable conditions.
4. The learned APP appearing for the respondent State has
vehemently submitted that the applicant was found in
NEUTRAL CITATION
R/CR.MA/16039/2025 ORDER DATED: 06/08/2025
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conscious possession of the stock of contraband liquour.
The applicant is having other antecedetns for commission
of offence. The investigation is still in progress. Learned
APP has, therefore, submitted that the offence is serious in
nature and looking to the facts as well as the allegations
levelled against the applicant, no discretion is required to
be exercised.
5. Heard learned advocates appearing for the parties and
perused the material available on record. As per the case of
prosecution, the applicant was found in conscious
possession of contraband liquour worth Rs.5,14,000/-. So
far as the aspect of antecedents is concerned, as per the
affidavit filed by the Investigating Officer, there are two
other antecedents registered against the present applicant
and out of which, one had been registered under the
provisions of Prohibition Act. However, learned advocate
appearing for the applicant has produced a copy of
judgment of the concerned Court which indicates that the
applicant has been acquitted in the offence registered
against him under the provisions of Prohibition Act in the
year 2019. Having regard to these facts, the present
application deserves to be allowed.
6. This court has also considered the following aspects:
(a) As per catena of decisions of Hon'ble Supreme
Court, there are mainly 3 factors which are
required to be considered by this court i.e. prima
facie case, availability of Applicant accused at the
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R/CR.MA/16039/2025 ORDER DATED: 06/08/2025
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time of trial and tampering and hampering with the
witnesses by the accused.
(b) That the learned Advocate for the Applicant has
submitted that the Applicant Accused is not likely
to flee away.
(c) That the Applicant is in custody.
(d) The law laid down by the Hon'ble Apex Court in the
case of Sanjay Chandra v. C.B.I. Reported in (2012)
1 SCC 40.
7. In the facts and circumstances of the case and considering
the nature of allegations made in the FIR and without
discussing the evidence in details as well as without going
into details, prima-facie, this Court is of the opinion that
this is a fit case to exercise the discretion to enlarge the
applicant on bail. Hence, the application is allowed and the
applicant is ordered to be released on bail in connection
with the aforesaid FIR, on executing a bond of Rs.10,000/-
(Ten Thousand) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions
that;
(a) shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the fact of the case so as to
dissuade from disclosing such facts to the Court or
any Police Officer or tamper with the evidence.
(b) shall maintain law and order and not to indulge in
any criminal activities.
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(c) shall furnish the documentary proof of complete,
correct and present address of residence to the
Investigating Officer and to the Trial Court at the
time of executing the bond and shall not change
residence without prior permission of the trial
Court.
(d) shall provide contact numbers as well as the
contact numbers of the sureties before the Trial
Court. In case of change in such numbers inform
in writing immediately to the trial Court.
(e) shall file an affidavit stating immovable properties
whether self acquired or ancestral with description,
location and present value of such properties
before the Trial Court, if any.
(f) shall not leave India without prior permission of
the Trial Court
(g) surrender passport, if any, to the Trial Court
within a week. If accused does not possess
passport, shall file an Affidavit to that effect.
(h) shall mark presence before the concerned police
station once in a month for a period of six months
between 11:00 a.m. and 2:00 p.m.
8. The authorities concerned shall 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 Judge concerned will be free to
issue warrant or take appropriate action in the matter. Bail
bond to be executed before the lower court having
jurisdiction to try the case. It will be open for the
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concerned Court to delete, modify and/or relax any of the
above conditions in accordance with law.
9. At the trial, the concerned trial Court shall not be
influenced by the prima facie observations made by this
Court in the present order.
10. Rule made absolute to the aforesaid extent. Direct service
is permitted.
(M. R. MENGDEY,J)
NABILA
