KULDEEP @ KANO JAGUBHAI HUDADversusSTATE OF GUJARAT

   R/CR.MA/11028/2026                          ORDER DATED: 14/05/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
             CHARGESHEET) NO. 11028 of 2026

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               KULDEEP @ KANO JAGUBHAI HUDAD & ANR.
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR. VIPUL SAVDAS REVDARIYA(14299) for the Applicant(s) No. 1,2
MR. HARDIK SONI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                         Date : 14/05/2026

                              ORDER


[1.0] RULE. Learned APP waives service of notice of rule on
behalf of the respondent-State.


[2.0] The present application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”)
for regular bail in connection with FIR being C.R. No.
11203025260258 of 2026 registered with Taluka Police
Station, Junagadh, for the offences under Sections 65A, 65E
and 81 of the Bombay Prohibition Act.


[3.0] Learned advocate appearing on behalf of the applicants
submits that the applicants are innocent and have been falsely
implicated in the offence. Substantial part of investigation is
over. Nothing is required to be recovered or discovered. It is


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   R/CR.MA/11028/2026                          ORDER DATED: 14/05/2026




submitted that the applicants were not present at the spot when
the raid occurred and they were neither caught with the
contraband nor seen fleeing the site by the police. He therefore
submits that, considering the nature of the offence, the
applicants 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 the
applicants are very much involved in the present offence and
considering the gravity of offence, no case is made out to
entertain present bail application. Chargesheet is yet to be filed.
Further, the applicants are released on bail, possibility cannot
be ruled out that the applicants will flee from justice and tamper
with the evidence. Therefore, 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


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   R/CR.MA/11028/2026                               ORDER DATED: 14/05/2026




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)     Substantial part of investigation is over;
      (2)     None of the offence alleged is punishable with life
              sentence or death penalty ;
      (3)     Applicants are behind the bar since 16.04.2026;
      (4)     There is nothing to be recovered or discovered from
              the       applicants;
      (5)     Allegations against the present applicants are that
              they had placed the alleged contraband in the field of
              accused Nos.1 and 2;
      (6)     Offence is triable by JMFC Court;
      (9)     Obviously commencement and conclusion of trial will
              take its own 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


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   R/CR.MA/11028/2026                          ORDER DATED: 14/05/2026




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 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 applicants 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 applicants on regular bail. Hence, the
present application is allowed. The applicants are ordered to be
released on regular bail in connection with FIR being C.R. No.
11203025260258 of 2026 registered with Taluka Police
Station, Junagadh on executing a personal bond of Rs.25,000/-
(Rupees Twenty-five 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;
  (b)     not act in a manner injurious to the interest of the


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R/CR.MA/11028/2026                           ORDER DATED: 14/05/2026




       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 a week till filing of the chargesheet and after
       filing of the chargesheet, mark presence before the
       concerned police station once in a month for a period of
       six months;
(f)    furnish the Aadhaar card, email ID/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/contact number
       without prior permission of Trial Court;
(g)    not to indulge in any illegal activity failing which
       learned trial Court shall issue warrant and cancel the
       bail of the applicants.
(h)    not to enter into Junagadh District for a period of
       three months except for marking presence before
       the concerned police station and/or for attending
       Court;
(i)    Not to contact or try to contact directly or indirectly the
       complainant/victim/witnesses       connected      with          the
       offence.


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    R/CR.MA/11028/2026                                               ORDER DATED: 14/05/2026




[9.0] The authorities will release the applicants 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 applicants on bail.


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



                                                           (HASMUKH D. SUTHAR, J.)
DHARMENDRA KUMAR

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 14/05/2026 12:25:50




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