[Cites 7, Cited by 0]
Gujarat High Court
Jaynti Bhikhabhai Koli vs State Of Gujarat on 2 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/2271/2026 ORDER DATED: 02/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 2271 of 2026
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JAYNTI BHIKHABHAI KOLI
Versus
STATE OF GUJARAT
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Appearance:
MR VISHVARAJSINH D VAGHELA(13666) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/02/2026
ORAL ORDER
1. Heard learned advocate Mr.Vaghela appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr. Dabhi
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.
11993011260009 of 2025 registered with Lakadiya Police
Station, District : Kachchh East - Gandhidham, for the offence
punishable under Sections 65(a), 65(e), 116-B, 98(2) and 81 of the
Prohibition Act.
4. Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of
NEUTRAL CITATION
R/CR.MA/2271/2026 ORDER DATED: 02/02/2026
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the allegation levelled, the applicant may be enlarged on regular
bail. It is further submitted that 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, 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. The offence being under the prohibition Act, the
allegation being that the applicant was driving the car,
which contained 72 bottles of liquor;
ii. The fact of the car not belonging to the applicant;
iii. The fact of the applicant being in custody since
08.01.2025;
iv. Though the applicant is stated to have four antecedents,
in three, the applicant having been acquitted and in one,
i.e., for an offence punishable under Section 135 of the
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GP Act, the applicant having pleased guilty;
v. The fact of none of the antecedents being co-relatable
with the present offence.
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 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 present application is allowed. The applicant is
ordered to be released on bail in connection with F.I.R. registered
as C.R. No. 11993011260009 of 2025 registered with Lakadiya
Police Station, District : Kachchh East - Gandhidham, 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
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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 before concerned police station once a week
till the charge-sheet is filed, thereafter once a month for a
period of six months;
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 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 for being released on regular bail.
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13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
KUMAR ALOK
