[Cites 5, Cited by 0]
Gujarat High Court
Shaileshkumar Jayantibhai Bariya vs State Of Gujarat on 15 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7963/2026 ORDER DATED: 15/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 7963 of 2026
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SHAILESHKUMAR JAYANTIBHAI BARIYA
Versus
STATE OF GUJARAT
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Appearance:
MS UMMEHANEY H FAROOQUIT(10962) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 15/04/2026
ORAL ORDER
1. Heard learned Advocate Ms. U.H. Farooquit on behalf of the
applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya
on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The present applicant who has been arraigned as accused has
preferred 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. 11216005260182 of 2026 registered
with Dahegam Police Station, District: Gandhinagar for the offence
punishable under Sections 65(a), 65(e), 81, 83 of the Gujarat Prohibition Act
and Section 340(2) of the Bhartiya Nyay Sanhita before filing of the charge-
sheet more particularly the application preferred by the applicant having
NEUTRAL CITATION
R/CR.MA/7963/2026 ORDER DATED: 15/04/2026
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been rejected by the learned Trial Court.
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 not 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.
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, this Court may not exercise the
discretion in favour of the applicant and the application may be dismissed.
6. This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-
(i) The fact of the present applicant was present in the Car in
which the prohibited liquor was being transported.
(ii) The fact of the applicant neither being the owner of the vehicle
nor being owner of the prohibited liquor.
(iii) The fact of there being no antecedents against the applicant.
NEUTRAL CITATION
R/CR.MA/7963/2026 ORDER DATED: 15/04/2026
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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.
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
applicants on regular bail.
9. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No. 11216005260182
of 2026 registered with Dahegam Police Station, District:
Gandhinagar on executing a bond of Rs.15,000/- (Rupees Fifteen
Thousand only) with one 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;
[d] not to leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] Mark presence in the concerned Police Station once in a week till
charge-sheet is laid and thereafter once in a month for a period of six
months.
[f] furnish the proposed address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
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R/CR.MA/7963/2026 ORDER DATED: 15/04/2026
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the residential address without prior intimation to the I.O.
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 Judge concerned will be
free to take appropriate action in the matter.
11. 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.
12. At the stage of trial, the trial 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 considering the application of the applicants
for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
