AMITBHAI MANSUKHBHAI BABARIYAversusSTATE OF GUJARAT

    R/CR.MA/10600/2026                                ORDER DATED: 05/05/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 10600 of 2026

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                         AMITBHAI MANSUKHBHAI BABARIYA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 05/05/2026

                                 ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.


[2.0] The present application is filed under Section 483 of the Bharatiya
Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11189005251964 of 2025 registered
with Morbi Taluka Police Station, Morbi for the offences under Sections
65 (a), 65(e), 116-B and 81 of the Gujarat Prohibition (amendment)
Ordinance, 2016.


[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence and now
nothing is required to be recovered or discovered. Chargesheet has been
filed. Based on the suspicion, the applicant is arrested. He therefore submits
that, considering the nature of the offence, the applicant may be enlarged
on regular bail by imposing suitable conditions.


[4.0] Learned APP appearing on behalf of the respondent-State has opposed
the present application and requested to dismiss the present application for
regular bail on the ground that applicant is having similar offences



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    R/CR.MA/10600/2026                                 ORDER DATED: 05/05/2026




registered against him. He has further submitted that, considering the
gravity of the offence, present application does not deserve consideration.


[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.


[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
(1) Investigation is over and charge-sheet is filed;
(2) The applicant was not found in possession of the muddamal article;
(3) Co-accused of the applicant are already released on bail;
(4) There is nothing to be recovered or discovered from the applicant;
(5) Obviously commencement and conclusion of trial will take some time.


[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but


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    R/CR.MA/10600/2026                                   ORDER DATED: 05/05/2026




amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.


[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, 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.
Hence, the present application is allowed. The applicant is ordered to be
released     on    regular   bail   in   connection   with    FIR    being     C.R.
No.11189005251964 of 2025 registered with Morbi Taluka Police
Station, Morbi on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five 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 & shall
not obstruct or hamper the police investigation and shall not to play
mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court
concerned;
(e) mark presence before the concerned Police Station once in every month
for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the Investigating Officer
and also to the Court at the time of execution of the bond and shall not
change the residence without prior permission of Trial Court;
(h) not to indulge in any illegal activity failing which learned trial Court shall
issue warrant and cancel the bail of the applicant.


[9.0] 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


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     R/CR.MA/10600/2026                                                               ORDER DATED: 05/05/2026




above conditions is committed, the Sessions Judge concerned will be free to
issue warrant or take appropriate action in the matter.


[10.0] 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.


[11.0] At the trial, the trial Court shall not be influenced by the observations
of preliminary nature qua the evidence at this stage made by this Court
while enlarging the applicant on bail.


[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.


                                                                               (HASMUKH D. SUTHAR,J)
R.S. MALEK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2026 15:24:57




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