IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 345 of 2026 ========================================================== NARUBHAI RUMALBHAI PARGI Versus STATE OF GUJARAT ========================================================== Appearance: MR M A CHAUHAN(11262) for the Applicant(s) No. 1 MR JAY MEHTA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 08/01/2026 ORAL ORDER Leave to amend the cause title is permitted. Amendment to be carried out forthwith. 1. Heard learned advocate Mr. M.A. Chauhan appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Jay 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 applicant on Regular Bail in connection with FIR being C.R. No. 11821051240831 of 2024 registered with Chakaliya Police Station, District Dahod for the offence punishable under Sections 65(e), 81, 83, 98(2) and 116B of the Gujarat Prohibition Act . 4. Learned Advocate for the applicant would submit that contraband liquor was not found from the conscious possession of the applicant. Learned p. 1 Advocate would submit that the applicant has been arraigned as accused on the basis of statement of co-accused and the applicant has no any criminal antecedents. Thus submitting learned Advocate would request that this Court may release the present applicant on regular bail. 5. As against the same, learned Additional Public Prosecutor Mr. Niraj Sharma appearing for the respondent – State has strongly opposed this application. Learned APP would submit that serious allegations have been levelled against present applicant, therefore, this Court may not enlarge the present applicant on regular bail. 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 not being found at the place of the offence . ii. The fact of the role of the present applicant being revealed from the statement of co-accused. iii. The fact of the co-accused having been considered for regular bail by learned Co-ordinate Bench of this Court vide order date 23.09.2025 in Criminal Misc. Application No. 19510 of 2025. iv. The fact of the applicant having no other antecedents. v. The co-accused have been considered for grant of regular bail by this Court vide order dated 14.11.2025 passed in Criminal Miscellaneous p. 2 Application No.23453 of 2025 and by the coordinate Bench of this Court vide order dated 23.09.2025 passed in Criminal Miscellaneous Application No.19510 of 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 fit 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. 11821051240831 of 2024 registered with Chakaliya Police Station, District Dahod, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands 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; [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] Mark presence before the concerned Police Station once every fortnight till charge-sheet is filed and thereafter once a month for a period of six p. 3 months. [f] 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.; 10. 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 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 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 applicant for being released on regular bail. 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) MISHRA AMIT V. p. 4 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 09/01/2026 11:39:52