[Cites 7, Cited by 0]
Gujarat High Court
Anand @ Lalo S/O Shivajibhai Sanghar vs State Of Gujarat on 7 April, 2026
NEUTRAL CITATION
R/CR.MA/7852/2026 ORDER DATED: 07/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7852 of 2026
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ANAND @ LALO S/O SHIVAJIBHAI SANGHAR
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 07/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Kishan Nayi appearing on behalf
of the applicant and learned Additional Public Prosecutor Ms. Jirga
Jhaveri 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.11993007251400 of 2025 registered with B-Division Gandhidham
NEUTRAL CITATION
R/CR.MA/7852/2026 ORDER DATED: 07/04/2026
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Police Station, District Kachchh East-Gandhidham, for the offence
punishable under Sections 65(a), 65(e), 116(b), 98(2), 83 and 81 of
the 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, since the charge-sheet is filed, further
incarceration of the applicant will not benefit the Investigation
Officer in any manner. 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.
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 as coming out from the charge-sheet, this Court may not
exercise discretion in favour of the applicant and the application
may be dismissed.
NEUTRAL CITATION
R/CR.MA/7852/2026 ORDER DATED: 07/04/2026
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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 Kachchh district,
hence would be available at the time of trial;
ii. The are four criminal antecedents against the applicant out of
which he has been acquitted in two offences;
iii. The investigation is over and charge-sheet has been laid
before the concerned competent Court;
iv. The role of the applicant is that of the receiver 70 boxes of
illicit liquor;
v. The applicant was not found from the scene of offence when
the Police had conducted raid;
7. 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.
NEUTRAL CITATION
R/CR.MA/7852/2026 ORDER DATED: 07/04/2026
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8. 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 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.
9. 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.11993007251400 of 2025 registered with B-Division
Gandhidham Police Station, District Kachchh East-Gandhidham, on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand
only) with two sureties 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 his passport, if any, to the trial court within a
week, and if he does not possess a passport, he shall file an
NEUTRAL CITATION
R/CR.MA/7852/2026 ORDER DATED: 07/04/2026
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affidavit to that effect;
[d] not leave the local limits of Kachchh-Bhuj district till the
completion of trial;
[e] furnish the present address of his residence to the I.O. and to
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 every alternate day for three months and
thereafter every Sunday 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.
10. 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.
NEUTRAL CITATION
R/CR.MA/7852/2026 ORDER DATED: 07/04/2026
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11. 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.
12. 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
enlarging the applicant on regular bail.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
