[Cites 6, Cited by 0]
Gujarat High Court
Kapilbhai Arudchand Rajput vs State Of Gujarat on 10 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5345/2026 ORDER DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 5345 of 2026
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KAPILBHAI ARUDCHAND RAJPUT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MOHAMMEDNASIR M SHAIKH(10312) for the Applicant(s) No. 1
MS KARISHMA I DESAI(12439) for the Applicant(s) No. 1
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Mohammednasir Shaikh
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
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R/CR.MA/5345/2026 ORDER DATED: 10/03/2026
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applicant on Regular Bail in connection with FIR being C.R. No.
11213001250461 of 2025 registered with Virpur Police Station,
Jetpur, District: Rajkot for the offence punishable under Sections
65(a), 65(e), 116-B, 81 and 83 of the Prohibition Act.
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
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R/CR.MA/5345/2026 ORDER DATED: 10/03/2026
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considered:-
i. While allegation against the applicant being that he was a
driver of the vehicle from which the contraband-liquor had
been recovered, yet, it would appear that the applicant was
neither the owner of the contraband-liquor nor the ultimate
recipient of the same.
ii. The fact of the applicant not having any antecedent.
iii. Apprehension of the learned APP that the applicant is not
being resident of the State of Gujarat, if released, he may
abscond, could be allayed by imposing suitable conditions.
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
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R/CR.MA/5345/2026 ORDER DATED: 10/03/2026
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ordered to be released on bail in connection with F.I.R.
registered as C.R. No. 11213001250461 of 2025 registered with
Virpur Police Station, Jetpur, District: Rajkot, 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] furnish the proposed address of residence to the I.O. and
also to the Court in the State of Gujarat 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 in a month for a period of three
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
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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 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)
NAIR SMITA V./07-DB
