[Cites 16, Cited by 0]
Gujarat High Court
Banti S/O Krushna vs State Of Gujarat on 27 April, 2026
NEUTRAL CITATION
R/CR.MA/8366/2026 ORDER DATED: 27/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8366
of 2026
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BANTI S/O KRUSHNA
Versus
STATE OF GUJARAT
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Appearance:
MR N R DESAI(6504) for the Applicant(s) No. 1
MS. DIVYANGANA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 27/04/2026
ORAL ORDER
RULE. Learned APP waives service of notice of Rule for and on
behalf of the respondent - State.
1. By way of the present application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the
applicant - accused has prayed to release him on anticipatory bail
in the event of his arrest in connection with the FIR being C.R.
No.11195018220771/2022 registered with Dhanera Police
Station, District Banaskantha, for the offences punishable under
Sections 65-A, 65(e), 116-B, 98(2), 99, 81, 83 of the Prohibition
Act and under Section 465, 468, 471 of the Indian Penal Code.
2. It has been argued by the learned advocate for the
applicant that the applicant is not doing any liquor business, and
also not transporting any kind of liquors, and is not connected
with liquor business. Therefore, the application is required to be
granted.
NEUTRAL CITATION
R/CR.MA/8366/2026 ORDER DATED: 27/04/2026
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3. Per contra, learned APP has argued that the involvement of
the applicant is prima facie established of dealing with
transportation of liquor worth 1,58,700/- with allegations of
using of forged number plates of vehicles, and the offence was
registered in the year 2022, and the present applicant was shown
as absconded till today. The co-accused has already given the
statement that the said liquor was filled up by the present
applicant and the same was to be delivered, and after reaching
Palanpur, the accused no. 1 i.e. Hitesh Pradeep Kumar Sahejram
was supposed to call accused no. 2 i.e., the present applicant, and
the delivery was to be made to the person whom the present
applicant informs.
4. Heard learned advocates for the respective parties, this
Court has considered the rival submissions made by learned
counsel for both the sides and considered the material placed on
record. It is well settled that, among other circumstances, the
factors to be borne in mind while considering an application for
bail are (i) whether there is any prima facie or reasonable ground
to believe that the accused had committed the offence; (ii )
nature and gravity of the accusation; (iii) severity of the
punishment in the event of conviction; (iv) danger of the accused
absconding or fleeing, if released on bail; (v) character,
behaviour, means, position and standing of the accused. Though
at the stage of granting bail execution and appreciation of
evidence is not permissible. Having gone through the complaint,
NEUTRAL CITATION
R/CR.MA/8366/2026 ORDER DATED: 27/04/2026
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prima facie, it appears that the present applicant is involved in
the offence.
5. The case of the present applicant is that the applicant was
not aware of the aforesaid offences registered, and as soon as
the applicant came to known about the same, the applicant filed
an anticipatory bail application before the learned Additional
Sessions Judge, Deesa which was rejected.
5.1. Having heard learned advocate for the involvement of the
applicant is prima facie established even by the statement of the
accused i.e. the accused no. 1 who has categorically stated that
the liquor was filled up by the present applicant, and it also
stated that the said vehicle which was in the name of the accused
no. 1 which was also purchased by the present applicant. The
present applicant is also absconding and has not cooperated with
the investigation. The said car also had wrong number plate.
6. In the case of Siddharam Satlingappa Mhetre vs State Of
Maharashtra, reported in (2011) 1 SCC 694, the Hon'ble Court
held that life and personal liberty are the most prized
possessions of an individual but not at the cost of larger interest
of society and public. This is not a case, wherein accused is falsely
enraged in the offence with a view to tarnish his image.
Considering the fact that the custodial interrogation is required.
The Hon'ble Apex Court in the case of Jai Prakash Singh Vs
State of Bihar & Anr. reported in 2012 4 SCC 379, has been
pleased to hold as under:-
NEUTRAL CITATION
R/CR.MA/8366/2026 ORDER DATED: 27/04/2026
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"Parameters for grant of anticipatory bail in a serious offences are required
to be satisfied and further while granting such relief, the court must record
the reasons therefore. Anticipatory bail can be granted only in exceptional
circumstances where the Court is prima facie of the view that the applicant
has falsely been enroped in the crime and would not misuse his liberty."
7. It would be apposite to refer the decision of the Apex Court
rendered in case of State of M.P. and another v. Ram Kishna
Balothia and another reported in AIR 1995 SC 1198.
8. It would be apposite to refer the judgment of the Hon'ble
Apex Court rendered in case of Pratibha Manchanda vs. State
of Haryana reported in AIR 2023 SC 3307, wherein the Hon'ble
Apex Court has observed thus:-
"19. The relief of Anticipatory Bail is aimed at safeguarding
individual rights. While it serves as a crucial tool to prevent the misuse
of the power of arrest and protects innocent individuals from
harassment, it also presents challenges in maintaining a delicate
balance between individual rights and the interests of justice. The tight
rope we must walk lies in striking a balance between safeguarding
individual rights and protecting public interest. While the right to liberty
and presumption of innocence are vital, the court must also consider
the gravity of the offence, the impact on society, and the need for a fair
and free investigation. The court's discretion in weighing these interests
in the facts and circumstances of each individual case becomes crucial
to ensure a just outcome."
9. If the present applicant is/are protected with this order, this
Court is of the considered view that if the present accused is
equipped with protective order, it would obviously affect the
case of the prosecution and adversely the qualitative
investigation. This is not a fit case, wherein accused is falsely
enraged in the offence and it appears that there is no frivolity,
with a view to tarnish his image. Considering the fact that the
custodial interrogation is required.
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R/CR.MA/8366/2026 ORDER DATED: 27/04/2026
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10. Further, Gujarat is a dry State and pursuant to Article 47 of
the Constitution of India, the directive principles of the State
Policy, it is the duty of the State to raise the standard of living
and improve the public health and for the said purpose,
prohibition of such intoxicating drugs being made compulsory in
the Gujarat State. The State is committed to the ideas and
principles of Father of Nation Shri Mahatma Gandhji and State
also firmly intends to eradicate the menace of consuming
liquor or intoxicating drugs to overhaul the law relating to
intoxicating drugs and total prohibition in the State and for
that amendments also being made in the Gujarat Prohibition Act.
Considering the aforesaid fact, prima facie involvement being
made out, no case is made out to grant anticipatory bail to the
applicant.
11. For the foregoing reasons and considering the law laid
down in the above cited decisions of this Court as well as the
Hon'ble Apex Court, this Court is of view that it is not a fit case to
exercise the discretion under Section 438 of the Code/482 of
BNSS in favour of the applicant. Accordingly, present application
does not deserve any consideration and is hereby dismissed.
Rule is discharged.
12. It is made clear that the observations made in the present
order are tentative in nature.
(SANJEEV J.THAKER,J)
ADITYA SINGH
