[Cites 2, Cited by 0]
Gujarat High Court
Kehraram Harkharam Sevar (Chaudhari) vs State Of Gujarat on 7 April, 2026
NEUTRAL CITATION
R/CR.MA/7898/2026 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. 7898 of 2026
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KEHRARAM HARKHARAM SEVAR (CHAUDHARI)
Versus
STATE OF GUJARAT
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Appearance:
KAMALKUMAR R SHARMA(9502) for the Applicant(s) No. 1
O I PATHAN(7684) 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 appearing on behalf of the
applicant 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 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.
11189006260039 of 2026 registered with Tankara Police Station,
Morbi for the offence punishable under Sections 65(a), 65(e), 81,
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98(2) and 116(b) 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. Learned advocate for the
applicant has submitted that, the applicant 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
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.
6. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. The applicant though is a permanent resident of
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Rajasthan, he shall not leave the State of Gujarat, hence
would be available at the time of trial;
ii. The applicant has three antecedents of identical nature
however, in one of the offences, he came to be acquitted
by the concerned court.
iii. The investigation has been over and charge-sheet has been
filed before the concerned competent court.
iv. The apprehension of the learned APP, as regards the non-
availability of the applicant during the trial can be put to
rest by imposing stringent condition.
v. As per the prosecution case, the applicant was the driver of
the truck trailer no. RJ-01-GB-5019, wherein the illicit
liquor consignment was transported and that, he was
neither the owner nor the receiver of the said contraband.
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.
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R/CR.MA/7898/2026 ORDER DATED: 07/04/2026
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7. 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.
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. 11189006260039 of 2026 registered with Tankara
Police Station, Morbi, on executing a bail bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) with one local surety 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 passport, if any, to the lower court within a
week, and if he does not possess a passport, he shall file an
affidavit to that effect;
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[d] not leave the geographical limits of State of Gujarat
without prior permission of the Sessions Court concerned;
[e] furnish the present address of his residence 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 his
residence without prior intimation to the I.O. and the court;
[f] mark his presence alternate day before the concerned
police station for a period of three months, and thereafter, on
every Monday 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.
9. 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.
10. 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
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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
preliminary nature, made at this stage only for the purpose of
enlarging the applicant 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
