[Cites 6, Cited by 0]
Gujarat High Court
Hardayalsingh Narayansingh Rajput vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/4318/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 4318 of 2026
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HARDAYALSINGH NARAYANSINGH RAJPUT
Versus
STATE OF GUJARAT
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Appearance:
MANAN V PATEL(8059) for the Applicant(s) No. 1
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/02/2026
ORAL ORDER
1. Heard learned Advocate Mr. Manan V. Patel on behalf of the
applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi on
behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The present applicant who has been arraigned as accused has
preferred 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. 111821025260071 of 2026 registered
with Katvara Police Station, District: Dahod for the offence punishable
under Sections 65(e), 81, 83, 98 (2) and 116B of the Gujarat Prohibition
Act before filing of the charge-sheet more particularly the application
preferred by the applicant having been rejected by the learned Trial Court.
NEUTRAL CITATION
R/CR.MA/4318/2026 ORDER DATED: 20/02/2026
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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 not 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, this Court may not exercise the
discretion in favour of the applicant and the application may be dismissed.
6. This Court has heard learned Advocates for the respective parties and
perused the FIR as well as order passed by learned Session Court as well as
affidavit filed by the investigating officer before the learned Trial Court.
7. This Court has also considered the following aspects:
(i) The fact that the applicant being driver of the vehicle in which
the prohibited liquor was being carried.
(ii) The fact of the applicant neither being the owner of the
contraband not being ultimate receivers.
NEUTRAL CITATION
R/CR.MA/4318/2026 ORDER DATED: 20/02/2026
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(iii) The fact of there being no antecedents against the applicant as
per the affidavit of the Investigating Officer before the learned
Sessions Court.
(iv) apprehension of the learned APP that accused not being
permanent resident of State of Gujarat would abscond upon being
granted regular bail could be allayed by imposing suitable condition.
8. 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.
9. 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
applicants on regular bail.
10. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No.
111821025260071 of 2026 registered with Katvara 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;
NEUTRAL CITATION
R/CR.MA/4318/2026 ORDER DATED: 20/02/2026
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[d] not to leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] Mark presence in the concerned Police Station once in a week till
charge-sheet is laid and thereafter once in a month for a period of six
month.
[f] furnish the proposed 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 residential address without prior intimation to the I.O.
11. 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 Judge concerned will be
free to take appropriate action in the matter.
12. 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.
13. 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 applicants
for being released on regular bail.
14. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
