ROSHANBHAI VIRABHAI CHAUDHARYversusSTATE OF GUJARAT

    R/CR.MA/10821/2026                               ORDER DATED: 08/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 10821 of 2026

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                     ROSHANBHAI VIRABHAI CHAUDHARY
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR. AASHEER PANDYA(14115) for the Applicant(s) No. 1
MR. NACHIKETA G SHROTRIYA(15443) 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 : 08/05/2026

                                 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.11824004260048 of 2026 registered
with Songadh Police Station, Tapi for the offences under Sections 65 (e),
81, 83 & 116 B of the Gujarat Prohibition Act.


[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. 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 there serious allegations against the
applicant and considering the gravity of offence, present application may be
dismissed.


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    R/CR.MA/10821/2026                                 ORDER DATED: 08/05/2026




[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) None of the offence alleged is punishable with life sentence or death
penalty and are triable by the Court of JMFC;
(3) There is nothing to be recovered or discovered from the applicant;
(4) Co-accused is released on bail byt his Court vide order dated 6.5.2026;
(5) The applicant is governed by presumption of innocence unless and until
proved guilty;
(6) 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


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    R/CR.MA/10821/2026                                     ORDER DATED: 08/05/2026




trial will take time and keeping the accused behind the bars is nothing but
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.11824004260048 of 2026 registered with Songadh Police Station,
Tapi 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 OfÏcer
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;
(g) not to enter District Tapi for a period of six months except for
marking presence before the concerned police station and/or for
attending Court;




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          R/CR.MA/10821/2026                                                              ORDER DATED: 08/05/2026




   (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
   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 08/05/2026 16:33:48




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