[Cites 6, Cited by 0]
Gujarat High Court
Jahlunath S/O. Suvanath Yogi vs State Of Gujarat on 7 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7508/2026 ORDER DATED: 07/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 7508 of 2026
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JAHLUNATH S/O. SUVANATH YOGI
Versus
STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 07/04/2026
ORAL ORDER
1. Heard learned advocate Mr. G.P. Baghel appearing on behalf
of the applicant and learned Additional Public Prosecutor Mr.
Hardik Mehta, 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
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R/CR.MA/7508/2026 ORDER DATED: 07/04/2026
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applicant on Regular Bail in connection with FIR being C.R. No.
11199060260003 of 2026 registered with Panoli Police Station,
Bharuch, for the offence punishable under Sections 65(a), 65(e), 81,
83, 98(2) and 116(B) of the Gujarat Prohibition Act.
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 charge-sheet is filed, no useful
purpose would be served by keeping the applicant in jail for
indefinite period. It is further contended that the applicant is
ready and willing to abide by all the conditions that may be
imposed by this Court if released on bail.
7. 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 as coming out from the charge-sheet, this Court may not
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R/CR.MA/7508/2026 ORDER DATED: 07/04/2026
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exercise the 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 allegation is that the accused transacted in prohibited
liquor. It appears that the present applicant was arrested
based on the fact that a vehicle belonging to their son was
used in the transaction of prohibited liquor.
ii. The fact that the son of the present applicant appears to
have sold the vehicle in question, as evidenced by a notarized
deed dated 03.12.2025, which was before the FIR in question.
iii. In any case, it appears that the present applicant, who has
been in custody since 07.01.2026, without any antecedents,
and the charge-sheet having been filed, is entitled to be
enlarged on regular bail..
This Court has taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay Chandra v.
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R/CR.MA/7508/2026 ORDER DATED: 07/04/2026
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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 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.
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. 11199060260003 of 2026 registered with Panoli Police
Station, Bharuch, on executing a bond of Rs. 50,000/- (Rupees Fifty
Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that she
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;
[d] not leave the State of Gujarat without prior permission of the
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Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
the residence without prior intimation to the I.O.;
[f] to mark his presence once a month for a period of six months
before the concerned police station;
9. The Authorities will release the applicant only if she 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 free to take appropriate action in the
matter.
10. Bail bond to be executed before the 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 conditions in
accordance with law.
11. At the stage of trial, the trial court shall not be influenced by
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any observations of this Court which are of preliminary nature
made at this stage, only for the purpose of considering the
application of the applicant 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.
(NIKHIL S. KARIEL,J)
PD
