High Court of Gujarat
SHAILESHBHAI MAGANBHAI CHAUHANversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the bail application, granting regular bail with conditions.
Summary
Shaileshbhai Maganbhai Chauhan applied for regular bail under Section 483 of the BNSS for offences alleged under Section 111(3) of the BNS and several provisions of the Gujarat Prohibition Act, 1949. He had been in custody since 2 May 2026 and argued that he played no vital role and that no material was recovered against him. The State opposed bail, citing the nature of the accusations and the applicant's past antecedents. The Court observed that the investigation was complete, the charge was based mainly on a co‑accused’s statement, and that continued detention would serve no useful purpose. Accordingly, the Court exercised its discretion to grant bail, imposing a personal bond of Rs.10,000 with a surety and a set of conditions, without commenting on the merits of the case.
Issues considered
- Whether regular bail may be granted under Section 483 of the BNSS before the filing of a chargesheet for the offences alleged.
- Whether the applicant's past antecedents and the nature of the offences preclude the exercise of judicial discretion in favour of bail.
Legislation cited
- Gujarat Prohibition Act, 1949s. 116-B, s. 65(a), s. 65(e), s. 81, s. 83, s. 98(2)
Subjects
regular bailpre‑chargesheet bailGujarat Prohibition ActSection 483bail conditionscriminal procedure
Judgment
R/CR.MA/12235/2026 ORDER DATED: 03/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12235 of 2026
=========================================================
SHAILESHBHAI MAGANBHAI CHAUHAN
Versus
STATE OF GUJARAT
=========================================================
Appearance:
ANAND R PATEL(7352) for the Applicant(s) No. 1
MR. RONAK RAVAL. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
=========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 03/06/2026
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. 11184009260131 of 2026 registered with
Sankheda Police Station, Dist. Chhotaudepur, for the
offences punishable under Sections 111(3) of BNS and 65(a),
65(e), 98(2), 81, 83 and 116-B of the Gujarat Prohibition Act,
1949.
3. It is the submission of learned counsel for the applicant that he
is suffering confinement since 02.05.2026. He further
submitted that the applicant has not played any vital role in the
alleged offence. Hence, further detention of the applicant is
unwarranted.
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R/CR.MA/12235/2026 ORDER DATED: 03/06/2026
4. Learned APP has opposed the bail application contending that,
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 investigation is already over. The present applicant has been
arraigned mainly on the basis of the statement of the co-
accused. Nothing has been recovered at the instance of the
applicant. In such circumstances, considering the past
antecedents, by imposing stringent conditions, I am inclined to
exercise discretion in favour of the applicant, as keeping the
applicant behind bars would not serve any useful purpose.
Hence, the bail application is allowed.
In such circumstances, considering the role attributable
to present applicant herein and evidence in support of charge,
without commenting on merits of the matter, I deemed it fit to
release the applicant on bail. Hence, present application is
allowed.
6. Hence, the applicant is ordered to be released on regular bail in
connection with the FIR being C.R. No. 11184009260131 of
2026 of registered with Sankheda Police Station, Dist.
Chhotaudepur, 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:
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R/CR.MA/12235/2026 ORDER DATED: 03/06/2026
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;
(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 the trial Court;
(f) Shall not enter in jurisdiction area of Savli and
Sankheda Police Station for a period of 1 years except
for mark his presence before the concerned Court as
well as Police Station, 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)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 03/06/2026 11:32:14
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