[Cites 4, Cited by 0]
Gujarat High Court
Pravinbhai Babarbhai Chavda vs State Of Gujarat on 23 April, 2026
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R/CR.MA/9558/2026 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. 9558 of 2026
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PRAVINBHAI BABARBHAI CHAVDA
Versus
STATE OF GUJARAT
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Appearance:
MR BHAVESH J PATEL(6801) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR 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 appearing on behalf of the
applicant and 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,
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R/CR.MA/9558/2026 ORDER DATED: 23/04/2026
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2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11207061250573 of
2025 registered with Shahera Police Station, Panchmahal
for the offence punishable under Sections 65(a), 65(e),
98(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.
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
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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 is a permanent resident of Mahisagar
district, hence would be available at the time of trial;
ii. Though there are seven criminal antecedents of
identical nature against the applicant, learned
advocate for the applicant under instructions submits
that, in five of those offences he has been acquitted;
iii. As per the prosecution case, the applicant was the
owner of the illicit liquor, however, when the police
had raided the place, he had succeeded in fleeing away
from the place of raid;
iv. The apprehension of learned APP, as regards the
applicant indulging in similar kind of offence, if
granted bail, can be put to rest by imposing stringent
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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.
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.
11207061250573 of 2025 registered with Shahera Police
Station, Panchmahal, on executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with
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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 State of Gujarat 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 every alternate day before the
concerned police station for two months, and
thereafter once a week till the trial is over;
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[g] not indulge in similar kind of offence hereinafter,
for which, he shall file an 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 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
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application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
