[Cites 5, Cited by 0]
Gujarat High Court
Vasava Ashishbhai Datokiyabhai vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/8839/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 8839 of 2026
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VASAVA ASHISHBHAI DATOKIYABHAI
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/04/2026
ORAL ORDER
1. Heard Mr. Jaydeep H. Sindhi, learned advocate
appearing on behalf of the applicant and Mr. Soaham
Joshi, learned Additional Public Prosecutor 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. 11823017260371 of
NEUTRAL CITATION
R/CR.MA/8839/2026 ORDER DATED: 17/04/2026
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2026 registered with Rajpipla Police Station, District:
Narmada for the offence punishable under Sections
65(A), 65(E), 81, 116(B) and 98(2) 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,
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 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.
NEUTRAL CITATION
R/CR.MA/8839/2026 ORDER DATED: 17/04/2026
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Following aspects are considered:-
i. The applicant is a permanent resident of Narmada
District and would be available at the time of trial;
ii. The applicant does not have any criminal
antecedents;
iii. The applicant was the cleaner who was travelling
in the vehicle, which was transporting the illicit liquor
consignment.
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 applicant on regular bail.
9. Hence, the applicant is ordered to be released on
NEUTRAL CITATION
R/CR.MA/8839/2026 ORDER DATED: 17/04/2026
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bail in connection with F.I.R. registered as C.R. No.
11823017260371 of 2026 with Rajpipla Police Station,
District: Narmada, on executing a bail bond of
Rs.25,000/- (Rupees Twenty Five 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 his passport, if any, to the trial court
within a week, and if he does not possess a passport,
he shall file an affidavit to that effect;
[d] not leave the local limits of Narmada District
without prior permission of the Trial Court concerned;
[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 on every Monday before the
concerned police station for three months;
[g] not indulge in similar kind of offence hereinafter,
NEUTRAL CITATION
R/CR.MA/8839/2026 ORDER DATED: 17/04/2026
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for which, he shall file an affidavit 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.
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.
The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
MAYA
