[Cites 6, Cited by 0]
Gujarat High Court
Rajendra Nathuram Baser vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.MA/4220/2026 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 4220
of 2026
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RAJENDRA NATHURAM BASER
Versus
STATE OF GUJARAT
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Appearance:
MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 22/04/2026
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service
of notice of rule for respondent - State of Gujarat.
2. By way of this application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
"BNSS"), the applicant has prayed for anticipatory bail in the
event of arrest in connection with the FIR being C.R. No.
11821020251658 of 2025, registered with Fatepura Police
Station, District Dahod for the offences punishable under
Sections 65AA, 98(2), 81 and 116-b of the Prohibition Act.
3. Learned advocate for the applicant submits that the
nature of allegations are such that custodial interrogation at
this stage is not necessary. It is further submitted that the
NEUTRAL CITATION
R/CR.MA/4220/2026 ORDER DATED: 22/04/2026
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applicant will keep himself available during the course of
investigation and trial also and will not flee from justice.
3.1 The learned advocate for the applicant further states that
the applicant shall abide by all the conditions that may be
imposed while granting anticipatory bail to the applicant.
Accordingly, it is urged that this application may be allowed
and to grant the anticipatory bail to the applicant.
4. As against this, the learned Additional Public Prosecutor
appearing on behalf of the respondent - State has opposed
grant of anticipatory bail looking to the nature and gravity of
the offence and requested not to entertain this application.
5. Having heard the learned advocates appearing for the
parties and perusing the papers available on record, it is
incumbent upon the Court to exercise its discretion
judiciously, cautiously and strictly in compliance with the
basic principles laid down in plethora of decisions of the
Apex Court on the point. It is well settled that, among other
circumstances, the factors to be borne in mind while
considering an application for bail are (i) the nature and
gravity of the accusation; (ii) the antecedents of the applicant
including the fact as to whether he has previously undergone
imprisonment on conviction by a Court in respect of any
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R/CR.MA/4220/2026 ORDER DATED: 22/04/2026
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cognizable offence; (iii) the possibility of the applicant to flee
from justice; and (iv) where the accusation has been made
with the object of injuring or humiliating the applicant by
having him so arrested. Though at the stage of granting bail
an elaborate examination of evidence and detailed reasons
touching the merits of the case, which may prejudice the
case of accused, should be avoided. However, considering the
fact that the present applicant is a thekedar residing at
Rajasthan and is the liquor shop owner at Rajasthan and
that he had supplied foreign liquor to the main accused at
Rajasthan.
6. Considering the aforesaid aspects and the law laid down
by the Hon'ble Apex Court in the case of Siddharam
Satlingappa Mhetre v. State of Maharashtra and Others,
reported in (2011) 1 SCC 6941, wherein the Hon'ble Apex
Court reiterated the law laid down by the Constitution Bench
in the case of Shri Gurubaksh Singh Sibbia & Others,
reported in (1980) 2 SCC 665 and also the decision in the
case of Sushila Aggarwal v. State (NCT of Delhi), reported in
(2020) 5 SCC 1, the Court is inclined to allow the present
application.
7. In the result, this application is allowed by directing that
in the event of arrest/ appearance of the applicant in
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connection with the above-referred FIR, the applicant shall be
released on bail on furnishing a personal bond of Rs.10,000/-
(Rupees Ten Thousand) with one surety of like amount on
the following conditions that applicant:
(a) shall cooperate with the investigation and make
available for interrogation whenever required;
(b) shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the
fact of the case so as to dissuade him from disclosing
such facts to the court or to any police officer;
(c) shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected or
yet to be collected by the police;
(d) shall remain present at the concerned Police Station
on 06.05.2026 between 11.00 a.m. and 2.00 p.m.;
(e) shall at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change residence till the final
disposal of the case till further orders;
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(f) shall not leave India without the permission of the
Court and if having passport shall deposit the same
before the trial Court within a week;
(g) It is open to the police or the investigating agency
to move the learned trial Court for a direction under
Section 483(2) of the BNSS to arrest the accused, in
the event of violation of any term, such as absconding,
non-cooperating during investigation, evasion,
intimidation or inducement to witnesses with a view to
influence outcome of the investigation or trial, etc.
7.1 At the trial, the Trial Court shall not be influenced by
the prima facie observations made by this Court while
considering the bail application.
8. It is made clear that this order of anticipatory bail does
not in any manner limit or restrict the rights or duties of
the police or investigative agency to investigate into the
charges against the applicant who is granted pre-arrest bail.
Direct service is permitted.
(SANJEEV J.THAKER,J)
SRILATHA
