[Cites 4, Cited by 0]
Gujarat High Court
Vikrambhai @Babubhai Hirabhai Zapda vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/10930/2026 ORDER DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 10930 of 2026
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VIKRAMBHAI @BABUBHAI HIRABHAI ZAPDA
Versus
STATE OF GUJARAT
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Appearance:
MR RAJAKMIYA A BUKHARI(13629) for the Applicant(s) No. 1
MR. IRAFAN H SAIYED(18593) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is filed under Section 483 of the Bharatiya
Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in
connection with FIR being Prohibition III C.R. No.11189003260613 of 2026
registered with Morbi A Division Police Station, District-Morbi, for the
offence under the provisions of Gujarat Prohibition Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Substantial part of investigation is over. There is no direct evidence against
the applicant. He therefore submits that, considering the nature of the
offence, the applicant may be enlarged on regular bail by imposing suitable
conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, considering the
allegations levelled against the applicant and gravity of offence, as also the
fact that another offence is also registered against the applicannt,
application does not deserve any consideration.
NEUTRAL CITATION
R/CR.MA/10930/2026 ORDER DATED: 07/05/2026
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[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.
[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
(1) Investigation is almost over;
(2) There is nothing to be recovered or discovered from the applicant;
(3) There is no possibility to conclude the trial in near future.
(4) Offence is triable by JMFC Court.
(5) Mere registration of another offence subsequently does not
disentitle applicant from grant of bail.
[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
NEUTRAL CITATION
R/CR.MA/10930/2026 ORDER DATED: 07/05/2026
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principle of bail jurisprudence is that "bail is a rule and jail is exception" as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.
[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, 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.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being Prohibition III C.R.
No.11189003260613 of 2026 registered with Morbi A Division Police
Station, District-Morbi on executing a personal bond of Rs.25,000/-
(Rupees Twenty-five Thousand only) each with one solvent 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 &
shall not obstruct or hamper the police investigation and shall
not to play mischief with the evidence collected or yet to be
collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not to leave State of Gujarat without prior permission of the Trial
Court concerned;
(e) mark presence before the concerned Police Station once in a
week till filing of the chargesheet and after filing of the
chargesheet, mark presence before the concerned police station
once in a month for a period of six months;
(f) furnish the Aadhar card, email ID/present address of his
residence to the Investigating Officer and also to the Court at
the time of execution of the bond and shall not change the
residence/contact number without prior permission of Trial
Court;
NEUTRAL CITATION
R/CR.MA/10930/2026 ORDER DATED: 07/05/2026
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(g) if the applicant is found to be indulged in any illegal activities in
future, the trial Court concerned will be free to issue warrant and
cancel the bail granted to the applicant.
[9.0] 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 Judge concerned will be free to
issue warrant or take appropriate action in the matter.
[10.0] 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.
[11.0] At the trial, the trial Court shall not be influenced by the observations
of preliminary nature qua the evidence at this stage made by this Court
while enlarging the applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
R.S. MALEK
