[Cites 6, Cited by 0]
Gujarat High Court
Bakabhai @ Bakul Shaktabhai Bharwad vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/8852/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8852 of 2026
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BAKABHAI @ BAKUL SHAKTABHAI BHARWAD
Versus
STATE OF GUJARAT
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Appearance:
MR RAJAN N THACKER(12656) for the Applicant(s) No. 1
MR RAKESH B SHARMA(2521) 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. Rajan N. Thacker and Mr. Rakesh B.
Sharma, learned advocates 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
NEUTRAL CITATION
R/CR.MA/8852/2026 ORDER DATED: 17/04/2026
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connection with FIR being C.R. No. 11993006260029 of
2026 registered with Gandhidham 'A' Division Police
Station, District Kachchh for the offence punishable
under Sections 65(A), 65(E), 116(B), 81, 83 and 98(2) of
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
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R/CR.MA/8852/2026 ORDER DATED: 17/04/2026
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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 is a permanent resident of Kachchh
District, hence would be available at the time of trial;
ii. The applicant has 6 previous antecedents, however,
learned advocate for the applicant submits that all the
offences are either of the year 2023 or prior to that;
iii. The applicant is the driver of the vehicle which
was intercepted by the police which was transporting
the illicit liquor.
iv. The apprehension of the APP can be put to rest
by imposing stringent conditions.
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.
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R/CR.MA/8852/2026 ORDER DATED: 17/04/2026
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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 applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11993006260029 of 2026 with Gandhidham 'A' Division
Police Station, District Kachchh, 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;
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R/CR.MA/8852/2026 ORDER DATED: 17/04/2026
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[d] not to leave Kuchchh 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 alternate day for one
month and thereafter, on 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 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
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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
