[Cites 1, Cited by 0]
Gujarat High Court
Alpeshbhai @Appo Nagubhai Gohil vs State Of Gujarat on 18 May, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/11216/2026 ORDER DATED: 18/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11216 of 2026
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ALPESHBHAI @APPO NAGUBHAI GOHIL
Versus
STATE OF GUJARAT
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Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 18/05/2026
ORAL ORDER
1. Heard learned advocate Mr.Devansh Kakkad for learned
advocate Mr.Denish V. Mavadhiya for the applicant and
learned APP for the respondent - State.
2. Rule, returnable forthwith. Learned APP waives service of
notice of rule for and on behalf of the respondent-State.
3. By this application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), the
applicant is seeking release on regular bail in connection
with the FIR being C.R.No.11193002260021 of 2026
registered with Jafrabad Marine Police Station, District
Amreli for the offences punishable under Sections 65(A)(E),
81, 98(2) and 116(B) etc. of the Gujarat Prohibition Act.
4. Learned advocate for the applicant submitted that, the
applicant is not involved in commission of offence as alleged
in the FIR and therefore, looking to the role of the applicant
and nature of the allegations, the applicant is required to be
enlarged on regular bail by imposing suitable terms and
conditions.
NEUTRAL CITATION
R/CR.MA/11216/2026 ORDER DATED: 18/05/2026
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5. On the other hand, learned APP appearing for the respondent
- State vehemently submits that, the offences, which have
been charged, are serious in nature affecting the society at
large and looking to the facts as well as the allegations made
against the applicant, no discretion would be required to be
exercised.
6. In the facts and circumstances of the case and considering
the nature of allegations, this Court is of the opinion that,
discretion is required to be exercised to enlarge the applicant
on regular bail. This Court has considered the following facts
while exercising discretion in favour of the applicant :-
(i) the applicant is in jail since 19.03.2026;
(ii) investigation is over and charge-sheet is filed;
(iii) applicant was not found at the spot of the incident
(iv) there was only one antecedent reported against the
present applicant;
7. In view of the aforesaid facts, without discussing the
evidence in detail, this Court, prima facie, is of the opinion
that, this is a fit case to exercise the discretion and enlarge
the applicant on regular bail. Hence, present application is
allowed and the applicant is ordered to be released on
regular bail in connection with the FIR being
C.R.No.11193002260021 of 2026 registered with
Jafrabad Marine Police Station, District Amreli on
executing personal bond of Rs.10,000/- (Rupees Ten thousand
only) with one surety of the like amount to the satisfaction of
the learned Trial Court and subject to the conditions that he
shall;
[a] not take undue advantage of liberty or misuse liberty;
NEUTRAL CITATION
R/CR.MA/11216/2026 ORDER DATED: 18/05/2026
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[b] not act in a manner injuries to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave India without prior permission of the Sessions
Judge concerned;
[e] furnish the Aadhar card, email ID/present address of
his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall
not change the residence/contact number, SIM number
without prior permission of Trial Court;
[f] mark his presence before the concerned Police Station
in the first week of every month till the trial is over;
8. The Authorities will release the applicant only if the applicant
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 Judge concerned will be free to issue
warrant or take appropriate action in the matter. Bail bond to
be executed before the learned Lower 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. At the trial, learned Trial
Court shall not be influenced by the observations of
preliminary nature, qua the evidence at this stage, made by
this Court while enlarging the applicant on bail.
9. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(NIRZAR S. DESAI,J)
PALAK
