R/CR.MA/3763/2026 ORDER DATED: 13/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 3763 of 2026 ========================================================== MANILAL TERSING JARPOTA & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1,2 MR NIRAJ SHARMA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 13/02/2026 ORAL ORDER 1. Heard learned advocate Mr.Priteshkumar Vaghela appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Niraj Sharma 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 p. 2 R/CR.MA/3763/2026 ORDER DATED: 13/02/2026 C.R. No.11196009260018 of 2026 registered with Jawahar Nagar Police Station, Vadodara City for the offence punishable under Sections 65(a), 65(e), 81, 83, 98(2), 116(b) of the Gujarat Prohibition Act and Sections 112(2)(b), 111(3), 111(4) of the B.N.S. 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 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 offence 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. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- p. 3 R/CR.MA/3763/2026 ORDER DATED: 13/02/2026 i. The applicant is stated to be the labourer engaged for loading and unloading prohibited liquor, and the only role attributed to the applicant being that he was found at the place where the prohibited liquor was being unloaded/loaded in the vehicle in question for transportation. ii. The fact of the applicant being in custody since 02.02.2026 and not having any antecedent. iii. Apprehension of the learned APP that the applicant not being resident of the State of Gujarat, if released, he 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 applicant 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. Page 3 of 5 R/CR.MA/3763/2026 ORDER DATED: 13/02/2026 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.11196009260018 of 2026 registered with Jawahar Nagar Police Station, Vadodara City , 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; [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 in the State of Gujarat 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 p. 5 R/CR.MA/3763/2026 ORDER DATED: 13/02/2026 9. 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. 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 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) NAIR SMITA V./14-DB