[Cites 4, Cited by 0]
Gujarat High Court
Kishanbhai Girishbhai Rathod vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11562/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11562 of 2026
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KISHANBHAI GIRISHBHAI RATHOD
Versus
STATE OF GUJARAT
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Appearance:
MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1
MS KRISHNABEN A VAGHELA(12885) for the Applicant(s) No. 1
MS. JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned APP 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.
11204024260215 of 2026 registered with Kathlal Police Station,
Kheda for the offence punishable under Sections 65(a)(e), 98(2)
and 116-B of the Prohibition Act, 1949.
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R/CR.MA/11562/2026 ORDER DATED: 13/05/2026
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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 leveled, 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
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 Kheda district,
hence would be available at the time of trial;
ii. The applicant does not have any criminal antecedents;
iii. As per the prosecution case, the police having received
information had raided the house of the applicant and had
NEUTRAL CITATION
R/CR.MA/11562/2026 ORDER DATED: 13/05/2026
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recovered the contraband liquor, however the applicant had
succeeded in fleeing from his house, he came to be arrested
only on 12.04.2026;
iv. The apprehension of the learned APP, as regards the non-
availability of the applicant during the trial can be put to rest
by imposing stringent condition.
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
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. 11204024260215 of 2026 registered with Kathlal
Police Station, Kheda, on executing a bail bond of Rs.25,000/-
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R/CR.MA/11562/2026 ORDER DATED: 13/05/2026
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(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 passport, if any, to the lower 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 District Kheda without
prior permission of the Court concerned;
[e] furnish the present address of his residence to the I.O. and
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;
[f] mark his presence on every Friday before the concerned
police station, till the trial is over.
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file affidavits before the concerned court and
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R/CR.MA/11562/2026 ORDER DATED: 13/05/2026
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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
Sessions 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.
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
