High Court of Gujarat
MAHESHBHAI MANABHAI MAKWANAversusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
The court held that regular bail should be granted, exercising discretion in favour of the applicant.
Summary
The applicant, Maheshbhai Manabhai Makwana, filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release pending trial for alleged offences under the Gujarat Prohibition Act. The prosecution argued that the offences were serious and bail should not be granted, while the applicant contended he was not involved in the alleged wrongdoing and had been in custody since September 2025. The court examined factors such as the length of detention, the completion of investigation, the value of liquor involved (approximately Rs.2 lakh), and the applicant's alleged role as a proposed receiver. Finding that discretion could be exercised in the applicant's favour, the court granted regular bail on a personal bond of Rs.10,000 with a surety and imposed several conditions. The order also directed that any breach of conditions could lead to a warrant and that the trial court should not be influenced by the preliminary observations made herein.
Issues considered
- Whether regular bail can be granted under Section 483 BNSS, 2023 before the filing of a charge-sheet for offences under the Gujarat Prohibition Act
- Whether the seriousness of the alleged offences precludes the exercise of discretion in granting bail
- Whether the applicant's custody duration and investigation status justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Gujarat Prohibition Act — s. 116(b), 65(A), 65(E), 98(2)
Subjects
- regular bail
- pre-charge sheet bail
- Bharatiya Nagarik Suraksha Sanhita
- Gujarat Prohibition Act
- discretion
- criminal procedure
Judgment
R/CR.MA/11812/2026 ORDER DATED: 19/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11812 of 2026
================================================================
MAHESHBHAI MANABHAI MAKWANA
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR MUNJAL V ACHARYA(10678) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 19/05/2026
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives service
of Rule on behalf of the respondent - State of Gujarat.
2. Heard learned advocate for the applicant and learned APP for
the respondent – State.
3. By this application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the
applicant is seeking release on regular bail in connection
with the FIR being C.R.No.11198066250252 of 2025
registered with Vedavadar Bhal Police Station, District
Bhavnagar for the offences punishable under Sections 65(A),
65(E), 116(b) and 98(2) etc. of the Gujarat Prohibition Act.
4. Learned advocate for the applicant submitted that, the
applicant is not involved in commission of offence as alleged
in the FIR and therefore, looking to the role of the applicant
and nature of the allegations, the applicant is required to be
Page 1 of 4
R/CR.MA/11812/2026 ORDER DATED: 19/05/2026
enlarged on regular bail by imposing suitable terms and
conditions.
5. On the other hand, learned APP appearing for the respondent
– State vehemently submits that, the offences, which have
been charged, are serious in nature affecting the society at
large and looking to the facts as well as the allegations made
against the applicant, no discretion would be required to be
exercised.
6. In the facts and circumstances of the case and considering
the nature of allegations, this Court is of the opinion that,
discretion is required to be exercised to enlarge the applicant
on regular bail. This Court has considered the following facts
while exercising discretion in favour of the applicant :-
(i) the applicant is in jail since 11.09.2025;
(ii) though, the charge-sheet is not filed, the investigation
is substantially over;
(iii) total amount of liquor for which the offence is
registered is around Rs.2 Lac ;
(iv) the present applicant is alleged to be the proposed
receiver which is the matter of evidence;
7. In view of the aforesaid facts, without discussing the
evidence in detail, this Court, prima facie, is of the opinion
that, this is a fit case to exercise the discretion and enlarge
the applicant on regular bail. Hence, present application is
allowed and the applicant is ordered to be released on
regular bail in connection with the FIR being
C.R.No.11198066250252 of 2025 registered with
Vedavadar Bhal Police Station, District Bhavnagar on
Page 2 of 4
R/CR.MA/11812/2026 ORDER DATED: 19/05/2026
executing personal bond of Rs.10,000/- (Rupees Ten thousand
only) with one surety of the like amount to the satisfaction of
the learned 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 injuries to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave India without prior permission of the Sessions
Judge concerned;
[e] 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, SIM number
without prior permission of Trial Court;
[f] mark his presence before the concerned Police Station
in the first week of every month till the trial is over;
8. The Authorities will release the applicant only if the applicant
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. Bail bond to
be executed before the learned 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. At the trial, learned 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.
Page 3 of 4
R/CR.MA/11812/2026 ORDER DATED: 19/05/2026
9. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(NIRZAR S. DESAI,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 19/05/2026 12:39:14
Page 4 of 4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.