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Gujarat High Court
Vipulbhai Hathibhai Lalu vs State Of Gujarat on 11 March, 2026
NEUTRAL CITATION
R/CR.MA/5546/2026 ORDER DATED: 11/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5546 of 2026
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VIPULBHAI HATHIBHAI LALU
Versus
STATE OF GUJARAT
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Appearance:
MR A J KANSARA(13611) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 11/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned APP 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.
11213001250461 of 2025 registered with Virpur Police Station,
Rajkot Rural for the offence punishable under Sections 65(a),
65(e),116-B, 81, 83, 98(2) of the Gujarat Prohibition Act.
NEUTRAL CITATION
R/CR.MA/5546/2026 ORDER DATED: 11/03/2026
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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, 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 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 applicant is a permanent resident of Village Rabarika,
Taluka Jetpur, District Rajkot, hence would be available at
the time of trial;
ii. The applicant was not found from the place of offence;
iii. The other three co-accused persons have been granted bail
NEUTRAL CITATION
R/CR.MA/5546/2026 ORDER DATED: 11/03/2026
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by this Court as well as Sessions Court vide order dated
10.03.2026 in Cr.MA No. 5345 of 2026 and 09.02.2026 in Cr.MA
No. 45 of 2026 respectively.
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 F.I.R. registered
as C.R. No. 11213001250461 of 2025 registered with Virpur
Police Station, Rajkot Rural, on executing a bail bond of
Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each
of the like amount to the satisfaction of the trial Court and
subject to the conditions that he shall;
NEUTRAL CITATION
R/CR.MA/5546/2026 ORDER DATED: 11/03/2026
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[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 trail court within a week,
and if he does not possess a passport, he shall file an affidavit
to that effect;
[d] not leave the geographical limits of Jetpur Taulka, District
Rajkot without prior permission of the Sessions Court
concerned;
[e] furnish his present address of his residence to the I.O. and
the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and
the court;
[f] mark his presence on every Tuesday before the concerned
police station till the completion of the trial.
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file affidavits before the concerned court and
the police station.
9. The Authorities will release the applicant only if he is not
NEUTRAL CITATION
R/CR.MA/5546/2026 ORDER DATED: 11/03/2026
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required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Court
concerned will be free to take appropriate action in the matter.
10. Bail bond to be executed before the trial 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 competent 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
enlarging the applicant on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
