[Cites 1, Cited by 0]
Gujarat High Court
Rajendrakumar Sohanlal Bhaat vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11575/2026 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. 11575 of 2026
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RAJENDRAKUMAR SOHANLAL BHAAT & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1,2
MR KIRITSINH M SISODIA(12255) 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
applicants 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 applicants have filed this application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the
applicants on Regular Bail in connection with FIR being C.R. No.
11204028260192 of 2026 registered with Kapadwanj Rural Police
Station, Kheda, for the offence punishable under Sections 67A,
65(a), 65(e), 81, 83, 98(2) and 116(2) of the Gujarat Prohibition
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R/CR.MA/11575/2026 ORDER DATED: 13/05/2026
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Act, 1949.
4. Learned advocate for the applicants would submit that
considering the role attributed to the applicants, and nature of
the allegation leveled, the applicants may be enlarged on regular
bail. It is further submitted that, no useful purpose would be
served by keeping the applicants in jail for indefinite period. It is
further contended that, the applicants are ready and willing to
abide by all the conditions that may be imposed by this Court if
released on bail. Learned advocate for the applicants has
submitted that, the applicants 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
applicants, this Court may not exercise the discretion in favour of
the applicants and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the
respective parties and perused the chargesheet papers.
Following aspects are considered:-
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i. The applicants though are the permanent residents of
Rajasthan, shall not leave the State of Gujarat, hence would
be available at the time of trial;
ii. The applicant no. 1 is the driver of the truck and applicant
no. 2 is the cleaner of the truck from wherein, the
consignment of illicit liquor was seized by the Police, while
they were transporting the same.
iii. The applicants do not have any criminal antecedents.
iv. The apprehension of the learned APP, as regards the non-
availability of the applicants 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 applicants in the
First Information Report, without discussing the evidence in
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R/CR.MA/11575/2026 ORDER DATED: 13/05/2026
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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 applicants on
regular bail.
8. Hence, the present application is allowed. The applicants
are ordered to be released on bail in connection with FIR being
C.R. No. 11204028260192 of 2026 registered with Kapadwanj
Rural Police Station, Kheda, on executing a bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) each with one local surety
each of the like amount to the satisfaction of the trial Court and
subject to the conditions that they shall;
[a] not take undue advantage of their liberty or misuse their
liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender their respective passports, if any, to the trial
court within a week, and if they do not possess any passport,
they shall file individual affidavit to that effect;
[d] not leave the geographical limits of State of Gujarat
without prior permission of the Sessions Court concerned;
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R/CR.MA/11575/2026 ORDER DATED: 13/05/2026
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[e] furnish the present address of their respective
residences 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 their residence without prior intimation to the I.O.
and the court;
[f] shall mark their presence on every Monday (Applicant
no.1) and on every Tuesday (Applicant no.2) before the
concerned police station, till the trial is over;
9. The Authorities will release the applicants only if they are
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 bonds 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
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preliminary nature made at this stage, only for the purpose of
considering the application of the applicants for being released
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
