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High Court of Gujarat

VIJAYSINH @ BASO PANDAR KALUBHAI GOHILversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court exercised its discretion and granted regular bail to the applicant.

Summary

The applicant, Vijaysinh @ Baso Pandar Kalubhai Gohil, filed a regular bail application under Section 483 of the BNSS after a chargesheet was filed for offences under Sections 65(a), 65(e), 98(2), 81 and 116(B) of the Prohibition Act. He had been in custody since 24 March 2026 and claimed he played no vital role in the alleged offence. The State opposed bail, arguing the nature of the accusation warranted continued detention. The Court noted that the applicant was not present at the alleged scene, the investigation was complete, and he had prior acquittals in two cases, and therefore exercised its discretion in his favour. The bail was granted on a personal bond of Rs.10,000 with one surety of the same amount, subject to several conditions including surrender of passport, furnishing address, and restriction from entering certain villages. The order emphasized that the bail does not reflect any opinion on the merits of the case.

Issues considered

  • Whether regular bail can be granted after the filing of a chargesheet for offences under the Prohibition Act.
  • Whether the applicant's alleged role and the nature of the offences justify denial of bail.

Subjects

regular bailchargesheetProhibition Actjudicial discretionbond conditionscriminal procedure

Judgment

     R/CR.MA/12183/2026                              ORDER DATED: 02/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 12183 of 2026
==========================================================
                VIJAYSINH @ BASO PANDAR KALUBHAI GOHIL
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MALAY S PATEL(8901) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
                  Date : 02/06/2026
                   ORAL ORDER




1.      Rule. Learned APP waives service of Rule on behalf of
        respondent State.


2.      The applicant, by way of this application filed under Section 483
        of the BNSS, seeks regular bail in connection with the FIR being
        C.R. No.11193002260021 of 2026 registered with Jafarabad
        Marine Police Station, Amreli, for the offences punishable under
        Sections 65(a), 65(e), 98(2), 81 and 116(B) of the Prohibition
        Act.


3.      It is the submission of learned counsel for the applicant that he is
        suffering confinement since 24.03.2026. He further submitted
        that the applicant has not alleged to have played any vital role in
        the alleged offence. Hence, further detention of the applicant is
        unwarranted.

4.      Learned APP has opposed the bail application contending that,

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R/CR.MA/12183/2026                               ORDER DATED: 02/06/2026




   considering the conduct of the applicant and nature of
   accusation, the discretion may not be exercised in favour of the
   applicant.


5. Having heard the learned counsel for the respective parties and
   upon perusal of the material placed on record, it appears that, the
   applicant herein having been arrested under the provisions of the
   Prohibition Law. Admittedly, at the relevant time, he was not
   present at the place. The investigation has already been over. So
   far as the past antecedents are concerned, he has been acquitted
   in two cases. In such circumstances, having regard to the role
   attributed to the applicant herein and evidence in support of the
   charge, imposing stringent condition, I am inclined to exercise
   judicial discretion in favour of the applicant.


6. 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.11193002260021 of 2026 registered with
   Jafarabad Marine Police Station, Amreli,            on executing a
   personal bond of Rs.10,000/- (Rupees Ten thousands only), with
   one surety of the like amount to the satisfaction of the learned
   Trial Court and subject to the conditions that he shall:
    No.                           Conditions
    (a)    not take undue advantage of liberty or misuse liberty;
    (b) not act in a manner injuries to the interest of the
        prosecution;



                               Page 2 of 3
         R/CR.MA/12183/2026                                                             ORDER DATED: 02/06/2026




               (c)      surrender passport, if any, to the lower court within a
                        week;
               (d) furnish latest address of residence along with cell
                   number to the Investigating Officer and also to the
                   Court within week from actual release and shall not
                   change the residence without prior permission of the
                   trial Court;
               (e)      shall not enter into Village Una and Sankheda, Dist.
                        Gir-Somnath for a period of six months, except to
                        mark presence before the concerned Police Station as
                        well as to attend the court proceedings before the
                        concerned Court, if any.


        7. The authorities shall release the applicant if he is not required in
              connection with the any other offence. If breach of any above
              condition is committed, the Sessions Judge concerned shall take
              appropriate action or issue warrant against the applicant. The bail
              bond to be executed before the learned trial Court having
              jurisdiction to try the case. It will be open for the sessions judge
              concerned to delete, modify and/or relax any of the above
              conditions, in accordance with law. Nothing stated hereinabove,
              shall tantamount to the expression of any opinion on the merits
              of this case. Rule is made absolute to the aforesaid extent. Direct
              service permitted.



                                                                                              (ILESH J. VORA,J)
   Rakesh



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 02/06/2026 11:12:18




                                                         Page 3 of 3


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