High Court of Gujarat
MEHULBHAI S/O. JITMALBHAI BHARUBHAI BARJODversusSTATE 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, subject to specified conditions.
Summary
The petitioner, Mehulpur, applied for regular bail under Section 439 of the Code of Criminal Procedure before a charge-sheet was filed, alleging offences under the Gujarat Prohibition Act. The State opposed, arguing the offences were serious. The court examined factors such as the applicant's short incarceration, completion of investigation, lack of prior record, and the nature of the alleged involvement in illegal liquor transport. Finding that discretion should be exercised, the court granted bail on a personal bond of Rs.10,000 with one surety, imposing conditions including surrender of passport, residence reporting, and monthly police check‑ins. The order also allowed the lower court to modify conditions and directed that any breach could lead to warrant issuance.
Issues considered
- Whether regular bail can be granted under Section 439 CrPC before the filing of a charge‑sheet for offences under the Gujarat Prohibition Act
- Whether the facts and circumstances justify the exercise of judicial discretion to grant bail despite the seriousness of the alleged offences
Legislation cited
- Criminal Procedure Code — s. 439
- Gujarat Prohibition Act, 1949 — s. 116-B, 65(e), 81, 98(2)
Subjects
- regular bail
- Section 439
- Gujarat Prohibition Act
- pre‑charge‑sheet bail
- criminal procedure
- liquor prohibition
Judgment
R/CR.MA/12004/2026 ORDER DATED: 25/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12004 of 2026
==========================================================
MEHULBHAI S/O. JITMALBHAI BHARUBHAI BARJOD
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, PUBLIC PROSECUTOR for Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 25/05/2026
ORAL ORDER
1. Heard learned advocate for the applicant and learned
APP for the respondent – State.
2. By this application filed under Section 439 of the Code
of Criminal Procedure, 1973, the applicant is seeking
release on regular bail in connection with the FIR
being C.R. No. 11821048260548 of 2026, registered
with Sukhsar Police Station, District: Dahod, for the
offences punishable under Sections 65(e), 81, 98(2)
and 116-B of the Gujarat Prohibition Act, 1949.
3. 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 enlarged on regular bail by
imposing suitable terms and conditions.
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R/CR.MA/12004/2026 ORDER DATED: 25/05/2026
4. 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.
5. 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 04.05.2026;
(ii) though, the charge-sheet is not filed, the
investigation is substantially over;
(iii) no past antecedent;
(iv) the applicant is alleged to have been instrumental
in illegal transportation of the liquor;
6. In view of the aforesaid facts, without discussing the
evidence in detail, this Court, prima facie, is of the
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R/CR.MA/12004/2026 ORDER DATED: 25/05/2026
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. 11821048260548 of 2026,
registered with Sukhsar Police Station, District:
Dahod, on 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 latest address of 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
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R/CR.MA/12004/2026 ORDER DATED: 25/05/2026
the trial Court;
[f] mark his presence before the concerned police
station in the first week of every month till the
trial is over;
7. 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.
8. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(NIRZAR S. DESAI,J)
UMESH/-
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 25/05/2026 12:48:29
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