R/CR.MA/9813/2025 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 9813 of 2025 ========================================================== NISARG JAGDISHBHAI DARJI Versus STATE OF GUJARAT ========================================================== Appearance: MR M M SHAIKIH(11314) for the Applicant(s) No. 1 MR UVESH M SHAIKH(11313) for the Applicant(s) No. 1 MR LB DABHI APP for the Respondent ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 13/06/2025 ORAL ORDER 1. Rule. Learned APP waives service of Rule on behalf of respondent State. 2. The applicant, by way of this application fled under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No. 11191037220593 of 2022 registered with Odhav Police Station, for the ofences punishable under 65(e), 116(b), 81, 98(2) of Prohibition Act. 3. It is the submission of learned counsel for the applicant that he is sufering confnement since 17.01.2025. He further submitted that the applicant will abide by the whatever condition imposed by the R/CR.MA/9813/2025 ORDER DATED: 13/06/2025 Court and assured that he will regularly attend the court. 4. Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant. 5. Having heard the learned counsel for the respective parties and upon perusal of the material placed on record, it appears that due to issuance of non- bailable warrant, he was arrested and later on, his plea for regular bail refused by the trial Court as well as the Sessions Court. The applicant was negligent in attending the court proceedings. In such circumstances, imposing stringent conditions, this Court is inclined to release the applicant on bail. 6. Hence, the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No. 11191037220593 of 2022 registered with Odhav Police Station, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall: R/CR.MA/9813/2025 ORDER DATED: 13/06/2025 No. Conditions (a) not take undue advantage of liberty or misuse liberty; (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 latest address of residence to the Investigating Ofcer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court; (f) File an undertaking before the trial Court that he will remain present on each and every date. 7. The authorities shall release the applicant if he is not required in connection with the any other ofence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this R/CR.MA/9813/2025 ORDER DATED: 13/06/2025 case. Rule is made absolute to the aforesaid extent. Direct service permitted. (ILESH J. VORA,J) P.S. JOSHI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 13/06/2025 17:21:20