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Gujarat High Court
Shaileshbhai Karubhai Bajaniya vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/10744/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 10744 of 2026
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SHAILESHBHAI KARUBHAI BAJANIYA
Versus
STATE OF GUJARAT
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Appearance:
MR ADILHUSHAIN M SAIYED(9723) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/05/2026
ORAL ORDER
1. Heard Mr. A.M. Saiyed, 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,
NEUTRAL CITATION
R/CR.MA/10744/2026 ORDER DATED: 12/05/2026
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2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11204026260232 of
2026 registered with Kapadvanj Police Station, Kheda for
the offence punishable under Sections 65(e), 81, 116(b)
and 98(2) of the Gujarat Prohibition Act, 2017.
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, 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, this
Court may not exercise discretion in favour of the
NEUTRAL CITATION
R/CR.MA/10744/2026 ORDER DATED: 12/05/2026
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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. The applicant is a permanent resident of Aravalli,
hence would be available at the time of trial;
ii. Though the applicant is shown to have five criminal
antecedents, as mentioned in the Investigation
Officer's affidavit, which was presented before the
concerned competent court in Criminal Misc.
Application No. 80 of 2026, the offences at Sr. Nos. 1,
2 & 3 have already been disposed of. The orders
thereof are placed on record;
iii. The role of the applicant, as per the prosecution
case, is that of the driver of the Eco car bearing
registration no. GJ-16-AP 4959 which was used for
transporting illicit liquor;
NEUTRAL CITATION
R/CR.MA/10744/2026 ORDER DATED: 12/05/2026
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iv. The apprehension of learned APP, as regards the
applicant indulging in similar kind of offence, if
granted bail, can be put to rest by imposing stringent
conditions;
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 applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
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R/CR.MA/10744/2026 ORDER DATED: 12/05/2026
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11204026260232 of 2026 registered with Kapadvanj
Police Station, Kheda, 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] not leave the the State of Gujarat without prior
permission of the Trial Court concerned;
[e] 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;
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R/CR.MA/10744/2026 ORDER DATED: 12/05/2026
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[f] mark his presence before the concerned police
station every alternate day till the filing of charge-
sheet and thereafter on every Monday till the
completion of 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 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.
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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)
DIVYA
