[Cites 6, Cited by 0]
Gujarat High Court
Devendra Ambaram Ramratan Songara vs State Of Gujarat on 28 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/9809/2026 ORDER DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9809 of 2026
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DEVENDRA AMBARAM RAMRATAN SONGARA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR UM SHASTRI(830) for the Applicant(s) No. 1,2
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/04/2026
ORAL ORDER
1. Heard learned advocate Mr. U.M. Shastri appearing on behalf of
the applicants and learned Additional Public Prosecutor Mr.Trupesh
Kathiriya appearing on behalf of the respondent-State.
2. At the outset learned Advocate Mr. Shastri does not press the
present application qua the applicant No.1 only with liberty to approach
this Court after a period of three months. Having regard to the same, the
present application stands disposed of as not pressed qua the applicant
No.1 only with the liberty as sought for being granted.
3. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
4. The applicant No.2 has filed this application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant
NEUTRAL CITATION
R/CR.MA/9809/2026 ORDER DATED: 28/04/2026
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No.2 on Regular Bail in connection with FIR being C.R. No.
11821011260093 of 2026 registered with Dahod 'A' Division Police
Station, District Dahod, for the offence punishable under Sections 65(e),
81, 83, 98(2) and 116-B of the Gujarat Prohibition Act and Sections
336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
5. Insofar as the applicant No.2 is concerned, learned Advocate would
submit that the applicant is wrongly implicated in the alleged offence.
Learned Advocate 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 since the charge-sheet
is filed, no useful purpose would be served by keeping the applicant in
jail for indefinite period. It is further contended that the applicant is ready
and willing to abide by all the conditions that may be imposed by this
Court if released on bail.
6. As against the same, learned Additional Public Prosecutor
appearing for the respondent - State has vehemently objected to the grant
of regular bail to the applicant No.2. Learned APP has submitted that
looking to the nature of offence and the role attributed to the present
applicant No. 2 as coming out from the charge-sheet, this Court may not
exercise the discretion in favour of the applicant No. 2 and the application
NEUTRAL CITATION
R/CR.MA/9809/2026 ORDER DATED: 28/04/2026
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may be dismissed.
7. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. Allegation against the accused No.2 being that he was present in
the vehicle which was transporting the prohibited liquor when the
same was apprehended.
ii. No specific role being attributed to the accused No.2.
iii. The vehicle belonging to the accused No.1 and whereas the
accused No.1 was driving the vehicle and the accused No.1 having
withdrawn his application by the present order.
iv. The fact of the applicant being in custody since 14.01.2026 and the
charge-sheet having been filed.
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 in the First Information Report,
without discussing the evidence in detail, prima facie, this Court is of the
NEUTRAL CITATION
R/CR.MA/9809/2026 ORDER DATED: 28/04/2026
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opinion that this is a fit case to exercise the discretion and enlarge the
applicant No.2 on regular bail.
9. Hence, the present application is allowed qua the applicant No.2
only. The applicant No.2 is ordered to be released on bail in connection
with FIR being C.R. No. 11821011260093 of 2026 registered with Dahod
'A' Division Police Station, District Dahod, on executing a bond of
Rs.10,000/- (Rupees Ten Thousand only) with 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 passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] mark presence once a month for a period of six months before the
concerned police station.;
[f] furnish the proposed address of residence in the State of Gujarat to
the I.O. and also to the Court at the time of execution of the bond and
shall not change the residence without prior intimation to the I.O.
NEUTRAL CITATION
R/CR.MA/9809/2026 ORDER DATED: 28/04/2026
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10. The Authorities will release the applicant No. 2 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 free to take appropriate action in the matter.
11. Bail bond to be executed before the lower 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 trial 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 considering the application of the applicant
No.2 for being released on regular bail.
13. The application is allowed qua the applicant No.2 in the aforesaid
terms. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
