VIJAYSINH @ BASO PANDAR KALUBHAI GOHILversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
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
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
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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
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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;
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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
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