[Cites 7, Cited by 0]
Gujarat High Court
Satyendrapal Balvirsing vs State Of Gujarat on 11 May, 2026
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R/CR.MA/11181/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11181 of 2026
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SATYENDRAPAL BALVIRSING
Versus
STATE OF GUJARAT
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Appearance:
SAJID Y KARIYANIYA(9619) 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
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R/CR.MA/11181/2026 ORDER DATED: 11/05/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11211058260025 of 2026 registered with Bajana
Police Station, Surendranagar, for the offence punishable under
Sections 65(a), 65(e), 116B, 81, 83, 98(2) of the Prohibition
Act and Sections 111(2)(b), 111(3), 111(4) of the BNS Act.
4. Learned advocate for the applicant would submit that,
though the applicant is a resident of Uttar Pradesh, he will
reside in State of Gujarat till the trial is over. 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.
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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 papers. Following
aspects are considered:-
i. Investigation being over and the charge-sheet having been
filed.
ii. The applicant does not have any criminal antecedents;
iii. The applicant was a driver of Tata Trailer No.
HR63D0221, which was parked in the parking area of Alishan
hotel and upon search being conducted, the contraband
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R/CR.MA/11181/2026 ORDER DATED: 11/05/2026
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liquor was seized from inside the said trailer.
iv. As per the prosecution case, the applicant was neither
the owner nor the receiver of the contraband liquor.
7. 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.
8. 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.
9. Hence, the present application is allowed. The applicant
is ordered to be released on bail in connection with F.I.R.
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registered as C.R. No. 11211058260025 of 2026 registered with
Bajana Police Station, Surendranagar, on executing a bail 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 possess a passport, he shall file an
affidavit to that effect;
[d] furnish the present address of his residence to the I.O.
and to the Court at the time of execution of the bond and
shall not change his residence without prior intimation to
the I.O. and the court;
[e] not leave District - Surendranagar, without prior
permission of the concerned Court till the completion of
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trial;
[f] mark his presence on every Wednesday before the
concerned police station till completion of the trial;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file an affidavit before the concerned court
and the police station.
10. 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.
11. Bail bond to be executed before the sessions 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.
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12. 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.
(UTKARSH THAKORBHAI DESAI, J)
PD
