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R/CR.MA/7508/2026 ORDER DATED: 07/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 7508 of 2026 ========================================================== JAHLUNATH S/O. SUVANATH YOGI Versus STATE OF GUJARAT ========================================================== Appearance: MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 07/04/2026
ORAL ORDER
1. Heard learned advocate Mr. G.P. Baghel appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Hardik 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 filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the
R/CR.MA/7508/2026 ORDER DATED: 07/04/2026 applicant on Regular Bail in connection with FIR being C.R. No. 11199060260003 of 2026 registered with Panoli Police Station, Bharuch, for the offence punishable under Sections 65(a), 65(e), 81, 83, 98(2) and 116(B) of the Gujarat Prohibition Act. 4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that charge-sheet is filed, no useful purpose would be served by keeping the applicant in jail for indefinite 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. 7. 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 applicant as coming out from the charge-sheet, this Court may not
R/CR.MA/7508/2026 ORDER DATED: 07/04/2026 exercise the discretion in favour of the applicant and the application may be dismissed. 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. The allegation is that the accused transacted in prohibited liquor. It appears that the present applicant was arrested based on the fact that a vehicle belonging to their son was used in the transaction of prohibited liquor. ii.
The fact that the son of the present applicant appears to have sold the vehicle in question, as evidenced by a notarized deed dated 03.12.2025, which was before the FIR in question. iii. In any case, it appears that the present applicant, who has been in custody since 07.01.2026, without any antecedents, and the charge-sheet having been filed, is entitled to be enlarged on regular bail.. This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v.
R/CR.MA/7508/2026 ORDER DATED: 07/04/2026 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 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 applicant on regular bail. 8. 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. 11199060260003 of 2026 registered with Panoli Police Station, Bharuch, on executing a bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she 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; [d] not leave the State of Gujarat without prior permission of the
R/CR.MA/7508/2026 ORDER DATED: 07/04/2026 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] to mark his presence once a month for a period of six months before the concerned police station;
9.
The Authorities will release the applicant only if she 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 Court concerned will be free to take appropriate action in the matter. 10. 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. 11. At the stage of trial, the trial court shall not be influenced by
R/CR.MA/7508/2026 ORDER DATED: 07/04/2026 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. 12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) PD Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 07/04/2026 18:31:19