[Cites 5, Cited by 0]
Gujarat High Court
Nitukumar Harpalsing Chaudhary vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9407/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9407 of 2026
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NITUKUMAR HARPALSING CHAUDHARY
Versus
STATE OF GUJARAT
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Appearance:
DIGPALSNGH H RATHORE(8083) 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 : 23/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Digpalsingh H. Rathore
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. 11214021260236 of
NEUTRAL CITATION
R/CR.MA/9407/2026 ORDER DATED: 23/04/2026
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2026 registered with Kosamba Police Station, Surat Rural
for the offences punishable under Sections 65-E, 81, 98(2)
and 116(2) of the Gujarat 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. Learned advocate has also submitted that, the
applicant's wife is residing at the native village in
Haryana and is pregnant. The applicant if released on
bail, shall mark his presence at the police station near
to his native village in Haryana.
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
NEUTRAL CITATION
R/CR.MA/9407/2026 ORDER DATED: 23/04/2026
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applicant and the 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 though a resident of Haryana, would
be available at the time of trial;
ii. the applicant is the driver and owner of the truck
which was used for transportation of contraband
liquor;
iii. The applicant does not have any criminal
antecedents;
iv. The apprehension of the learned APP that, the
applicant would once again indulge in similar or such
offence, 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.
NEUTRAL CITATION
R/CR.MA/9407/2026 ORDER DATED: 23/04/2026
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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.
11214021260236 of 2026 with Kosamba Police Station,
Surat Rural, on executing a bail bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) with two local
sureties 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/9407/2026 ORDER DATED: 23/04/2026
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[d] 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;
[e] mark his presence every alternate day for one
month before the Siwani Police Station, Haryana;
[f] 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
the above conditions in accordance with law.
12. At the stage of trial, the competent court shall not
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R/CR.MA/9407/2026 ORDER DATED: 23/04/2026
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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
