[Cites 8, Cited by 0]
Gujarat High Court
Lalitkumar S/O Sakhiram Tikaram ... vs State Of Gujarat on 29 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/10041/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 10041 of 2026
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LALITKUMAR S/O SAKHIRAM TIKARAM MEGHWAL (KATARIA)
Versus
STATE OF GUJARAT
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Appearance:
MR PREMDEEP V JADEJA(13939) for the Applicant(s) No. 1
MR.KISHORE PRAJAPATI(6305) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 29/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. P.V. Jadeja appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr. Hardik Mehta
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. 11996006260115 of
2026 registered with Tharad Police Station, District Vav-Tharad, for the
offence punishable under Sections 65(a), 65(e), 116-B, 98(2), 99, 83 and
81 of the Gujarat Prohibition Act.
NEUTRAL CITATION
R/CR.MA/10041/2026 ORDER DATED: 29/04/2026
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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
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.
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 as coming out from
the charge-sheet, this Court may not exercise the discretion in favour of
the 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. Allegation being that the accused are transacted in prohibited
liquor.
ii. The allegation against the present applicant being that he had
provided a vehicle (Scorpio Car) in which the prohibited liquor was
NEUTRAL CITATION
R/CR.MA/10041/2026 ORDER DATED: 29/04/2026
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being transported. Beyond the said allegation, no specific allegation of
being part of the conspiracy.
iii. The fact of the applicant being in custody since 20.03.2026 the
charge-sheet having been filed and the applicant not having any
antecedent.
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.
7. 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.
8. Hence, the present application is allowed. The applicant is ordered
to be released on bail in connection with FIR being C.R. No.
11996006260115 of 2026 registered with Tharad Police Station, District
Vav-Tharad, on executing a bond of Rs.25,000/- (Rupees Twenty Five
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;
NEUTRAL CITATION
R/CR.MA/10041/2026 ORDER DATED: 29/04/2026
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[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 InterimState of Gujarat without prior permission of
the Sessions Court concerned;
[e] furnish the present address of residence 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.;
[f] mark presence once a month for a period of six months before the
concerned police station.
9. 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 free to take appropriate action in the matter.
10. 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.
11. 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
NEUTRAL CITATION
R/CR.MA/10041/2026 ORDER DATED: 29/04/2026
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for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
