[Cites 6, Cited by 0]
Gujarat High Court
Hirenbhai @Potiyo Kikubhai Premabhai ... vs State Of Gujarat on 21 April, 2026
NEUTRAL CITATION
R/CR.MA/9064/2026 ORDER DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9064 of 2026
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HIRENBHAI @POTIYO KIKUBHAI PREMABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
KRUNAL S MEHTA(9227) 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 : 21/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Krunal Mehta appearing on
behalf of the applicant and learned Additional Public Prosecutor Mr.
Soaham Joshi 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.11200050260120 of 2026 registered with Nanapondha Police
NEUTRAL CITATION
R/CR.MA/9064/2026 ORDER DATED: 21/04/2026
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Station, District Valsad for the offence punishable under Sections
65(a), 65(e), 98, 116(b) 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/9064/2026 ORDER DATED: 21/04/2026
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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 Valsad district,
hence would be available at the time of trial;
ii. The applicant has two previous antecedents;
iii. The learned advocate for the applicant submits that, the
applicant has been acquitted in both the offences and has placed
both the judgments on record;
iv. As per the prosecution case, the applicant was piloting the
vehicle, which was transporting the contraband liquor;
v. The investigation being over and the charge-sheet has been
filed;
vi. The apprehension of learned APP as regards the applicants
once again indulging in similar kind of offence after being
granted bail, can be put to rest by imposing stringent conditions;
NEUTRAL CITATION
R/CR.MA/9064/2026 ORDER DATED: 21/04/2026
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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 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.11200050260120 of 2026 registered with Nanapondha
Police Station, District Valsad, 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
NEUTRAL CITATION
R/CR.MA/9064/2026 ORDER DATED: 21/04/2026
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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 Valsad district without prior permission of the
Competent 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 alternate day presence for one month and thereafter
on every Wednesday 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
NEUTRAL CITATION
R/CR.MA/9064/2026 ORDER DATED: 21/04/2026
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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.
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
