R/CR.MA/24155/2025 ORDER DATED: 28/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 24155 of 2025 ======================================================== TIKURAM LADHURAM JANI(JAAT) Versus STATE OF GUJARAT ======================================================== Appearance: MR.NAYANKUMAR V SHUKLA(10184) for the Applicant(s) No. 1 MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ======================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 28/11/2025 ORAL ORDER 1. Heard learned Advocate Mr. Nayankumar Shukla on behalf of the applicant and learned Additional Public Prosecutor Mr. LB Dabhi for the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The present applicant who has been arraigned as accused has preferred 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. 11211040250316 of 2025 registered with Panshina Police Station, Surendranagar for the offence punishable under offence punishable under Sections 65(a), 65(e), 81, 83 and 98(2) of the Gujarat Prohibition Act after filing of the charge-sheet more particularly the application preferred by the applicant having been rejected by the R/CR.MA/24155/2025 ORDER DATED: 28/11/2025 learned Trial Court. 4. Learned Advocate for the applicant submits that the applicant is behind bar since 18.09.2025. Learned Advocate on behalf of the applicant would submit that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 5. The present application has been vehemently opposed by learned APP on behalf of respondent- State who would submit that serious allegations have been levelled in the FIR against the accused and whereas under such circumstances this Court may not consider the application of the present applicants. Learned APP would submit that the applicant is not resident of the State of Gujarat and hence there is apprehension that the applicant may abscond. Thus submitting learned APP would submit that this Court may not consider for releasing the applicant on regular bail. 6. This Court has heard learned Advocates for the respective parties and perused the FIR as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court. 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. This Court has also considered the following aspects: (i) The fact that the applicant being the driver of the vehicle in which prohibited liquor was being transported. Page 2 of 4 R/CR.MA/24155/2025 ORDER DATED: 28/11/2025 (ii) The fact that the applicant not being the owner of the truck. (iii) The fact that the applicant being in custody since 18.09.2025 and the charge-sheet having been laid by the investigating officer. (iv) The fact of there being no antecedents against the applicant as per the affidavit of the Investigating Officer before the learned Sessions Court. (v) apprehension of the learned APP that accused not being permanent resident of State of Gujarat would abscond upon being granted regular bail could be allayed by imposing suitable condition. 9. 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 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. 10. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11211040250316 of 2025 registered with Panshina Police Station, Surendranagar on executing a bond of Rs.10,000/- (Rupees Ten 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; R/CR.MA/24155/2025 ORDER DATED: 28/11/2025 [c] surrender passport, if any, to the lower court within a week; [d] not to leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] Mark presence in the concerned Police Station once in a month for a period of six months between 11:00 a.m. to 2:00 p.m. [f] furnish the proposed address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior intimation to the I.O. 11. 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 Judge concerned will be free to take appropriate action in the matter. 12. Bail bond to be executed before the 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. 13. At the stage of trial, the trial 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 considering the application of the applicants for being released on regular bail. 14. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) NIRU Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/11/2025 19:14:32