[Cites 7, Cited by 0]
Gujarat High Court
Ajaykumar Pataram Thori vs State Of Gujarat on 20 March, 2026
NEUTRAL CITATION
R/CR.MA/6518/2026 ORDER DATED: 20/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
AFTER CHARGESHEET) NO. 6518 of 2026
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AJAYKUMAR PATARAM THORI
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 20/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant
and learned Additional Public Prosecutor 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.
11824004252953 of 2025 registered with Songadh Police Station,
Tapi for the offence punishable under Sections 65(a), 65(e), 81, 83,
98(2) and 116(B) of the Gujarat Prohibition Act and Sections 336(3)
and 340(2) of the BNS, 2023.
4. Learned advocate for the applicant would submit that, having
regard to the role attributed to the applicant and the nature of the
allegations levelled against him, the applicant deserves to be
enlarged on regular bail. It is further submitted that the applicant
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R/CR.MA/6518/2026 ORDER DATED: 20/03/2026
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was travelling in the vehicle in question and the recovery of the
huge quantity of contraband was effected from the said vehicle. It
is further contended that, since the charge-sheet has already been
filed, further incarceration of the applicant will serve no purpose
whatsoever and will not benefit the investigation in any manner. It
is further submitted that the applicant is ready and willing to abide
by all conditions that may be imposed by this Court, if enlarged 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 and gravity of the offence, the role attributed to the
present applicant as emerging from the charge-sheet, the fact that
co-accused is yet to be nabbed and investigation in that regard is
still ongoing, as well as there is past antecedent of the applicant,
this Court may not exercise discretion in favour of the applicant
and the application may be dismissed.
6. 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 applicant is ordered to be released on bail in
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R/CR.MA/6518/2026 ORDER DATED: 20/03/2026
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connection with F.I.R. registered as C.R. No. 11824004252953 of
2025 registered with Songadh Police Station, Tapi, on executing a
bail bond of Rs.1,00,000/- (Rupees one lacs 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 the liberty
granted;
[b] not act in a manner injurious to the interest of the prosecution
or tamper with evidence/witnesses in any manner;
[c] surrender his passport, if any, to the trial court within one week
from the date of release, and in case he does not possess a
passport, file an affidavit to that effect before the trial court within
the said period;
[d] furnish his present residential address in Rajasthan to the
Investigating Officer and to the trial court at the time of execution
of the bond, and shall not change his residence or leave the State
of Rajasthan without prior permission of this Court or the trial
court;
[f] mark his presence before the Songadh police station at every 15
days for a period of three months from the date of release and
submit a report of the same to the trial court if required;
[g] not indulge in any similar kind of offence during the pendency
of the trial, for which he shall file an undertaking/affidavit before
the concerned trial court and the Investigating Officer/police
station to the said effect.
09. The Authorities will release the applicant only if he is not
required in connection with any other offence for the time being. If
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R/CR.MA/6518/2026 ORDER DATED: 20/03/2026
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breach of any of the above conditions is committed, the Sessions
Court concerned will be at liberty to take appropriate action in
accordance with law.
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. The application is allowed
in the aforesaid terms. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(R. T. VACHHANI, J)
Kaushal Rathod
