[Cites 5, Cited by 0]
Gujarat High Court
Vipulbhai Premjibhai Dhandhukiya ... vs State Of Gujarat on 30 March, 2026
NEUTRAL CITATION
R/CR.MA/2262/2026 ORDER DATED: 30/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 2262 of 2026
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VIPULBHAI PREMJIBHAI DHANDHUKIYA (VIPULBHAI PREMJIBHAI
DHANDHUKIYA JATE KOLI) & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR. IRAFAN H SAIYED(18593) for the Applicant(s) No. 1
MR.MALAV MULANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 30/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicants 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 applicants have filed this application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging the applicants on Regular Bail in
connection with FIR being C.R. No. 11189004252224 of
2025 registered with 'B' Division Morbi City Police
NEUTRAL CITATION
R/CR.MA/2262/2026 ORDER DATED: 30/03/2026
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Station, Morbi, for the offence punishable under Sections
65-A, 65(e), 116-B and 98(2) of Gujarat Prohibition
(Amendment) Ordinance, 2016, Section 341(4) of BNS
and Section 192 and 39 of the Motor Vehicles Act.
4. Learned advocate for the applicants would submit
that, considering the role attributed to the applicants,
and nature of the allegation levelled, the applicants may
be enlarged on regular bail. It is further submitted that,
since the charge-sheet is filed, further incarceration of
the applicants will not benefit the Investigation Officer in
any manner. It is further contended that, the applicants
are ready and willing to abide by all the conditions that
may be imposed by this Court, if released on bail.
Learned advocate upon instructions submits that
applicants will remain within the State of Gujarat during
the trial.
5. As against the same, learned Additional Public
Prosecutor appearing for the respondent - State has
vehemently objected to the grant of regular bail. Learned
NEUTRAL CITATION
R/CR.MA/2262/2026 ORDER DATED: 30/03/2026
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APP has submitted that looking to the nature of offence
and the role attributed to the present applicants as
coming out from the charge-sheet, this Court may not
exercise discretion in favour of the applicants 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. Both the applicants are permanent residents of
Morbi, hence, would be available at the time of trial.
ii. The applicant no.1 has one antecedent of like
nature, wherein, he came to be convicted by the CJM of
Morbi, by way of TRC and fine of Rs.200 was imposed,
whereas, there is one antecedent qua applicant no.2
under Sections 323 and 324 of the IPC, wherein, he
came to be acquitted by way of judgement dated
07.01.2022 in CC No.9498 of 2018 by ACJM of Morbi.
NEUTRAL CITATION
R/CR.MA/2262/2026 ORDER DATED: 30/03/2026
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iii. The apprehension of learned APP as regards the
applicants once again indulging into similar activities
can be put to rest by imposing strict 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 applicants 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 applicants on regular bail.
8. Hence, the present application is allowed. The
applicants are ordered to be released on bail in
connection with FIR being C.R. No. 11189004252224 of
2025 registered with 'B' Division Morbi City Police
NEUTRAL CITATION
R/CR.MA/2262/2026 ORDER DATED: 30/03/2026
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Station, Morbi, on executing a bail bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) each with one local
surety of the like amount each to the satisfaction of the
trial Court and subject to the conditions that they 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, and if they does not possess a passport, they
shall file an affidavit to that effect;
[d] not leave the State of Gujarat without prior
permission of the Sessions Court concerned;
[e] furnish the present addresses of their residences to
the I.O. and also to the Court at the time of execution
of the bond along with documentary proof and shall
not change their residences without prior intimation to
the I.O. and the court;
[f] mark presence on every Friday before the
NEUTRAL CITATION
R/CR.MA/2262/2026 ORDER DATED: 30/03/2026
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concerned police station till the trial is over.
[g] not to leave District:Morbi till the trial is over;
[h] not indulge in similar kind of offence hereinafter,
for which, they shall file an affidavit before the
concerned court and the police station.
9. The Authorities will release the applicants only if
they are not 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 at
liberty to take appropriate action in accordance with law.
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 enlarging the applicants on regular bail.
NEUTRAL CITATION
R/CR.MA/2262/2026 ORDER DATED: 30/03/2026
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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
