R/CR.MA/25963/2025 ORDER DATED: 11/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 25963 of 2025 ========================================================== VISHALBHAI @GADO JAGDISHBHAI BAGADA Versus STATE OF GUJARAT ========================================================== Appearance: MR MUNJAL V ACHARYA(10678) for the Applicant(s) No. 1 MR. JAYDEVSINH N JADEJA(16130) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 11/12/2025 ORAL ORDER Leave to amend. 1. Heard learned advocate Mr.Acharya appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Mehta 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 #led 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. 11213001250309 of 2025 registered with Virpur Police Station, District : Rajkot, for the o.ence punishable under Sections 65(a), 65(e),98(2), 116(b), 81 and 83 of the Prohibition Act. 4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of R/CR.MA/25963/2025 ORDER DATED: 11/12/2025 the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that no useful purpose would be served by keeping the applicant in jail for inde#nite period. It is further contended 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 o.ence and the role attributed to the present applicant, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed. 6. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. The fact of the applicant being driver of the vehicle in question whereby the contraband liquor was being transported; ii. The fact of the applicant neither being owner of the vehicle nor being the owner of the contraband; R/CR.MA/25963/2025 ORDER DATED: 11/12/2025 iii. The fact of there being one antecedent of the applicant, which is of a similar nature; iv. The applicant being in custody since 09.11.2025; 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. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a #t case to exercise the discretion and enlarge the applicant on regular bail. 9. 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. 11213001250309 of 2025 registered with Virpur Police Station, District : Rajkot, 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; [c] surrender passport, if any, to the lower court within a week; R/CR.MA/25963/2025 ORDER DATED: 11/12/2025 [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] furnish the present 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 residence without prior intimation to the I.O.; [f] mark presence before concerned police station once a week till charge-sheet is led, thereafter, once a month for a period of six months; 10. The Authorities will release the applicant only if he is not required in connection with any other o.ence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be free to take appropriate action in the matter. 11. 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. 12. At the stage of trial, the trial court shall not be inBuenced 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 applicant for being released on regular bail. Page 4 of 5 R/CR.MA/25963/2025 ORDER DATED: 11/12/2025 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) KUMAR ALOK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 11/12/2025 16:47:12