[Cites 1, Cited by 0]
Gujarat High Court
Ajaybhai Karshanbhai Sarvaiya vs State Of Gujarat on 25 March, 2026
NEUTRAL CITATION
R/CR.MA/7022/2026 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 7022 of 2026
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AJAYBHAI KARSHANBHAI SARVAIYA
Versus
STATE OF GUJARAT
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Appearance:
MR. RUSHIK D KAPADIA(14050) 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 : 25/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Rushik D. Kapadia
appearing on behalf of the applicant and learned
Additional Public Prosecutor Mr.Soaham Joshi 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. 11823009260165 of
2026 registered with Garudeshwar Police Station,
Narmada, for the offence punishable under Sections
65(a), 65(e), 81, 116(B) and 98(2) of Gujarat Prohibition
NEUTRAL CITATION
R/CR.MA/7022/2026 ORDER DATED: 25/03/2026
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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 it
will take long time for the charge-sheet to be filed, hence
no useful purpose would be served by keeping the
applicant in jail till then. 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 the
charge-sheet is yet to be filed, 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 considered:-
NEUTRAL CITATION
R/CR.MA/7022/2026 ORDER DATED: 25/03/2026
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i. The applicant is a permanent resident of Surat,
hence would be available at the time of trial;
ii. The applicant does not have any criminal
antecedents.
iii. The charge against the present applicant is that he is
the owner of the vehicle, in which, the contraband
liquor was being transported.
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 FIR being C.R. No. 11823009260165 of 2026
registered with Garudeshwar Police Station, Narmada, on
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R/CR.MA/7022/2026 ORDER DATED: 25/03/2026
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executing a bond of Rs.25,000/- (Rupees Twenty Five
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 his passport, if any, to the trial court
within a week and if he does not have passport, he
shall file an affidavit to that effect;
[d] not leave Surat city till the trial is over;
[e] furnish his present address of 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 IO and the Court;
[f] mark his presence on every Monday till the trial is
over 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 Sessions Court concerned will be at
liberty to take appropriate action in accordance with law.
NEUTRAL CITATION
R/CR.MA/7022/2026 ORDER DATED: 25/03/2026
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10. Bail bond to be executed before the competent 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 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.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
