[Cites 5, Cited by 0]
Gujarat High Court
Shindarpalsingh Chandsingh Jat vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/10377/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 10377 of 2026
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SHINDARPALSINGH CHANDSINGH JAT
Versus
STATE OF GUJARAT
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Appearance:
JIGNESHKUMAR P PANDAV(8297) for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 11/05/2026
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.
11197005260130 of 2026 registered with Vadodara Taluka Police
Station, Vadodara for the offence punishable under Sections
65(a)(e), 81, 83 and 98(2) of Gujarat Prohibition Act,1949.
NEUTRAL CITATION
R/CR.MA/10377/2026 ORDER DATED: 11/05/2026
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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, since the charge-sheet is filed,
further incarceration of the applicant will not benefit the
Investigation Officer in any manner. 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. Learned
advocate for the applicant upon instructions has submitted that,
the applicant shall not leave the State of Gujarat till the trial is
over.
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 coming out from the charge-sheet, this Court may
not exercise 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 chargesheet papers.
NEUTRAL CITATION
R/CR.MA/10377/2026 ORDER DATED: 11/05/2026
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Following aspects are considered:-
i. The applicant though is a permanent resident of
Maharashtra, he shall not leave the State of Gujarat, hence
would be available at the time of trial;
ii. The applicant does not have any criminal antecedents;
iii. The investigation has been over and charge-sheet has been
filed;
iv. As per the prosecution case, the applicant was a driver of
ICER truck no. NL-01-AF-1409 which was transporting
contraband liquor from Haryana to Vadodara.
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
NEUTRAL CITATION
R/CR.MA/10377/2026 ORDER DATED: 11/05/2026
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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 F.I.R. registered
as C.R. No. 11197005260130 of 2026 registered with Vadodara
Taluka Police Station, Vadodara, on executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with two local
sureties 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 possess a passport, he shall file an
affidavit to that effect;
[d] not leave the geographical limits of Vadodara without
prior permission of the Court concerned;
NEUTRAL CITATION
R/CR.MA/10377/2026 ORDER DATED: 11/05/2026
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[e] furnish the present address of his residence in Gujarat to
the I.O. and the Court at the time of execution of the bond
along with documentary proof and shall not change his
residence without prior intimation to the I.O. and the court;
[f] mark presence on every Monday before the concerned
police station, till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file an affidavit before the concerned court and
the 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 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.
NEUTRAL CITATION
R/CR.MA/10377/2026 ORDER DATED: 11/05/2026
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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.
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)
ANIRUDH OJHA
