[Cites 10, Cited by 0]
Gujarat High Court
Urvesh Arjunbhai Talpada vs State Of Gujarat on 24 April, 2026
NEUTRAL CITATION
R/CR.MA/9219/2026 ORDER DATED: 24/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 9219 of 2026
==========================================================
URVESH ARJUNBHAI TALPADA & ANR.
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1,2
MS KRISHNABEN A VAGHELA(12885) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 24/04/2026
ORAL ORDER
1. Heard learned advocate Mr. A. S. Timbalia on behalf of
learned advocate Mr. P. A. Vaghela appearing on behalf of the
applicants and learned Additional Public Prosecutor Ms. Jirga
Jhaveri appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicants have filed this application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the
applicants on Regular Bail in connection with FIR being C.R.
NEUTRAL CITATION
R/CR.MA/9219/2026 ORDER DATED: 24/04/2026
undefined
No.11204068250541 of 2025 registered with Vadtal Police Station,
District Kheda for the offence punishable under Sections 65(a),
65(e), 81, 83, 98(2) and 116(b) of the Gujarat Prohibition Act as
well as under Section 111(2)(b), 111(3) and 111(4) of the BNS,
2023.
4. Learned advocate for the applicants would submit that,
considering the role attributed to the applicants, and nature of the
allegation levelled, the applicants may be enlarged on regular bail.
It is further submitted that, since the charge-sheet is filed, further
incarceration of the applicants will not benefit the Investigation
Officer in any manner. It is further contended that, the applicants
are 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
applicants as coming out from the charge-sheet, this Court may not
NEUTRAL CITATION
R/CR.MA/9219/2026 ORDER DATED: 24/04/2026
undefined
exercise discretion in favour of the applicants 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. Both the applicants are permanent residents of Kheda district,
hence would be available at the time of trial;
ii. The applicant No.1 was the proposed receiver of the
contraband liquor, whereas, applicant No.2 was the labourer who
was hired for loading and unloading the contraband;
iii. There are five previous antecedents against the applicant no.1
out of which, one offence under the Prohibition Act is pending,
whereas, the applicant No.2 has three previous antecedents out
of which, one offence under the Prohibition Act as well as one
offence under the IPC is pending;
iv. Co-accused Ravibhai Gopalbhai Talpada who was also the
proposed receiver of contraband liquor, has been considered by
NEUTRAL CITATION
R/CR.MA/9219/2026 ORDER DATED: 24/04/2026
undefined
this Court in regular bail vide order dated 21.04.2026 passed in
Criminal Misc. Application No.9244 of 2026.
v. The investigation is over and chargesheet 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;
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 applicants 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 applicants on regular bail.
9. Hence, the present application is allowed. The applicants are
ordered to be released on bail in connection with F.I.R. registered
NEUTRAL CITATION
R/CR.MA/9219/2026 ORDER DATED: 24/04/2026
undefined
as C.R. No.11204068250541 of 2025 registered with Vadtal Police
Station, District Kheda, on executing a bail bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) each with one surety of the
like amount to the satisfaction of the trial Court and subject to the
conditions that they 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 their passports, if any, to the trial court within a
week, and if they does not possess a passport, they shall file an
affidavits to that effect;
[d] not leave the State of Gujarat without prior permission of the
Competent Court concerned;
[e] furnish the present address of their residences to the I.O. and
to the Court at the time of execution of the bond and shall not
change their residences without prior intimation to the I.O. and
the court;
[f] mark their alternate day presence for one month before the
NEUTRAL CITATION
R/CR.MA/9219/2026 ORDER DATED: 24/04/2026
undefined
concerned police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for which,
they shall file affidavits before the concerned court and the
police station.
10. The Authorities will release the applicants only if they are 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 applicants on regular bail.
NEUTRAL CITATION
R/CR.MA/9219/2026 ORDER DATED: 24/04/2026
undefined
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
