[Cites 7, Cited by 0]
Gujarat High Court
Zinkan @ Amitkumar Dukhram Varma vs State Of Gujarat on 12 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5912/2026 ORDER DATED: 12/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5912 of 2026
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ZINKAN @ AMITKUMAR DUKHRAM VARMA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MS RENU VERMA(5964) for the Applicant(s) No. 1,2
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 12/03/2026
ORAL ORDER
1. Heard learned advocate Ms. Renu Verma appearing on behalf of
the applicants and learned Additional Public Prosecutor Mr. Trupesh
Kathiriya appearing on behalf of the respondent-State.
2. At the outset learned Advocate Ms. Renu Verma does not press the
present application qua the applicant No.2 only with liberty to
approach this Court after a period of three months. Hence, the present
application stands disposed of as not pressed qua the applicant No.2
only with the liberty as sought for being granted.
3. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
4. The applicant No.1 has filed this application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant
NEUTRAL CITATION
R/CR.MA/5912/2026 ORDER DATED: 12/03/2026
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No.1 on Regular Bail in connection with FIR being C.R. No.
11215001250649 of 2025 registered with Anand Rural Police Station,
District Anand, for the offence punishable under Sections 65(a), 65(e),
81, 83, 98(2) and 116(B) of the Gujarat Prohibition Act.
4. Insofar as the applicant No.1 is concerned, learned advocate Ms.
Verma would submit 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 No. 1 as coming
out from the charge-sheet, this Court may not exercise the discretion in
favour of the applicant No. 1 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
NEUTRAL CITATION
R/CR.MA/5912/2026 ORDER DATED: 12/03/2026
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considered:-
i. While allegation against the applicant No. 1 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. Though the applicant No. 1 is having one antecedent of similar
nature, yet, considering the nature of allegation made in the present
offence, this Court is inclined to consider the present application.
iii. Apprehension of the learned APP that the applicant No.1 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 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 No.1 on regular bail.
NEUTRAL CITATION
R/CR.MA/5912/2026 ORDER DATED: 12/03/2026
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8. Hence, the present application is allowed qua the applicant No.1
only. The applicant No.1 - Zinkan @ Amitkumar Dukhram Varma is
ordered to be released on bail in connection with FIR being C.R. No.
11215001250649 of 2025 registered with Anand Rural Police Station,
District Anand, 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] mark presence with the concerned Police Station once a month for
a period of six months.
[f] furnish the proposed address of residence in the State of Gujarat 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.
9. The Authorities will release the applicant No. 1 only if he is not
required in connection with any other offence for the time being. If
NEUTRAL CITATION
R/CR.MA/5912/2026 ORDER DATED: 12/03/2026
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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
No.1 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
