High Court of Gujarat
PRAKASHKUMAR BALVANTRAM BISHNOIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court held that the applicant is entitled to regular bail and ordered his release on bail subject to prescribed conditions.
Summary
The applicant was arrested on 08‑04‑2026 for alleged possession of contraband liquor in a vehicle, an offence under the Gujarat Prohibition Act, and filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the applicant was travelling in the car from which the liquor was seized. The Court examined the nature of the offence, the stage of investigation (almost complete), the lack of any material to be recovered from the applicant, and the risk of pre‑trial detention amounting to a de facto conviction. Relying on established bail jurisprudence, including Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor, the Court held that bail is a rule and jail an exception, and that personal liberty under Article 21 must be respected. Consequently, the Court granted regular bail on a personal bond of Rs.25,000 with a local surety, imposing several conditions regarding residence, passport surrender, police reporting, and conduct.
Issues considered
- Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for an offence under the Gujarat Prohibition Act.
- Whether the nature of the alleged contraband liquor offence, the stage of investigation, and the risk of tampering or absconding justify denial of bail.
- Whether the conditions imposed by the Court are sufficient to safeguard the interests of justice while respecting the applicant's personal liberty.
Legislation cited
Subjects
regular bailSection 483 BNSSGujarat Prohibition Actcontraband liquorpre‑trial detentionpersonal libertyArticle 21bail jurisprudence
Judgment
R/CR.MA/11523/2026 ORDER DATED: 13/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
BEFORE CHARGESHEET) NO. 11523 of 2026
============================================
PRAKASHKUMAR BALVANTRAM BISHNOI
Versus
STATE OF GUJARAT
============================================
Appearance:
MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1
MR KIRITSINH M SISODIA(12255) for the Applicant(s) No. 1
MS DHWANI R. TRIPATHI, APP for the Respondent(s) No. 1
============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/05/2026
ORDER
1) RULE. Learned APP waives service of rule for the respondent-
State.
2) 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.11821025260339 of 2026 registered with Katwara
Police Station, District - Dahod, for the offence under the
provisions of Gujarat Prohibition Act.
3) Learned advocate appearing on behalf of the applicant submits
that applicant is innocent and has been falsely implicated in the
offence. Substantial part of investigation is over. Nothing is to be
recovered or discovered from the applicant. He has been
arrested on 08.04.2026. He therefore submits that, considering
the nature of the offence, the applicants may be enlarged on
regular bail by imposing suitable conditions.
Page 1 of 5
R/CR.MA/11523/2026 ORDER DATED: 13/05/2026
4) Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the
applicant was travelling in the car from which contraband liquor
was found. Considering the conduct of the applicant, application
does not deserve any consideration.
5) 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) I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. The
allegation against the applicant is that an accident was occurred
by Harrier Car in which the applicant was sat. Subsequently, the
car was apprehended in suspicion condition it found carrying
2024 bottles of IMFL in the car and the accused no.2 left the car.
There are two antecedents of similar nature against the
applicant i.e. one in Surendranagar and second in Adalaj but he
Page 2 of 5
R/CR.MA/11523/2026 ORDER DATED: 13/05/2026
is still not arrested in the said offences. Further, following
aspects have been considered:
(1) Investigation is almost over;
(2) Applicant is behind the bar since 08.04.2026;
(3) There is nothing to be recovered or discovered from the
applicant;
(4) There is no possibility to conclude the trial in near
future.
(5) Offence is triable by JMFC Court.
7) 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
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) 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.11821025260339 of 2026 registered with Katwara
Page 3 of 5
R/CR.MA/11523/2026 ORDER DATED: 13/05/2026
Police Station, District - Dahod on executing a personal bond
of Rs.25,000/- (Rupees Twenty-five Thousand only) with one
local 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 to leave 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 Aadhar 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 and SIM Card
without prior permission of Trial Court;
(g) if the applicant is found to be indulged in any illegal
activities in future, the trial Court concerned will be free
to issue warrant and cancel the bail granted to the
applicant.
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
Page 4 of 5
R/CR.MA/11523/2026 ORDER DATED: 13/05/2026
Sessions Judge concerned will be free to issue warrant or 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 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) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 13/05/2026 11:49:49
Page 5 of 5
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "regular bail"Sign in to search