R/CR.MA/2815/2026 ORDER DATED: 09/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - BEFORE CHARGESHEET) NO. 2815 of 2026 ========================================================== LAKSHMAN KISHANLAJI BHURALALJI KIR & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: KAMALKUMAR R SHARMA(9502) for the Applicant(s) No. 1,2 O I PATHAN(7684) for the Applicant(s) No. 1,2 MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 09/02/2026 ORAL ORDER 1. Heard learned Advocate Mr. O. I. Pathan appearing on behalf of the applicants and learned Additional Public Prosecutor Ms. Divyangna Jhala appearing on behalf of the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicants have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in connection with FIR being C.R. No. 11188008250904 of 2025 registered with Modasa Rural Police Station, District Aravalli, for the offence punishable under Sections 65(a), 65(e) and 81of the Gujarat Prohibition Act. Page 1 of 5 R/CR.MA/2815/2026 ORDER DATED: 09/02/2026 4. Learned advocate for the applicants would submit that considering the role attributed to the applicants, and nature of the allegation levelled, the applicants may be enlarged on regular bail. It is further contended that the applicants are 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 offence and the role attributed to the present applicants as coming out from the affidavit of the Investigating Officer, this Court may not exercise the discretion in favour of the applicants 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. While allegation against the applicants being that they were driver and co-driver, respectively, of the vehicle from which the contraband- liquor had been recovered, yet, it would appear that the applicants were neither the owners of the contraband-liquor nor the ultimate recipients of the same. Page 2 of 5 R/CR.MA/2815/2026 ORDER DATED: 09/02/2026 ii. The fact of the applicants not having any antecedent. iii. Apprehension of the learned APP that the applicants are not being resident of the State of Gujarat, if released, tbey may abscond, could be allayed by imposing suitable conditions. 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. 7. 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. 8. Hence, the present application is allowed. The applicants are ordered to be released on bail in connection with FIR being C.R. No. 11188008250904 of 2025 registered with Modasa Rural Police Station, District Aravalli, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall; [a] not take undue advantage of liberty or misuse liberty; p. 3 R/CR.MA/2815/2026 ORDER DATED: 09/02/2026 [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] 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 residence without prior intimation to the I.O.; [f] mark presence once a fortnight till the charge-sheet is filed and thereafter once a month for a period of three months before the concerned police station. 9. The Authorities will release the applicants only if they are 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 any observations of this Court which are of preliminary nature made at this p. 4 R/CR.MA/2815/2026 ORDER DATED: 09/02/2026 stage, only for the purpose of considering the application of the applicants 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) BDSONGARA p. 5 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 10/02/2026 14:10:59