HEMANG BHADRESHBHAI PATHAKversusSTATE OF GUJARAT

     R/CR.MA/12462/2026                                   ORDER DATED: 04/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
            CHARGESHEET) NO. 12462 of 2026

==========================================================
                          HEMANG BHADRESHBHAI PATHAK
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR. DEVANSH KAKKAD, ADVOCATE FOR MR. DENISH V
MAVADHIYA(9207) for the Applicant(s) No. 1
MR. NEERAJ SHARMA, 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. 11203055250397 of 2025 registered with
        Shil     Police     Station,   Dist.     Junagadh,   for    the    offences
        punishable under Sections 65(A), 65(e), 98(2) and 81 of the
        Gujarat Prohibition Act, 1949 and Sections 336(2), 336(3) and
        340(2) of the BNS.


3.      It is the submission of learned counsel for the applicant that he
        is   suffering       confinement     since   30.03.2026.      He    further
        submitted that the applicant has not played any vital role in the
        alleged offence. Hence, further detention of the applicant is



                                       Page 1 of 3
     R/CR.MA/12462/2026                             ORDER DATED: 04/06/2026




        unwarranted.


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 applicant herein was not found at the place. He has been
        arraigned in the offence on the basis of the statement of co-
        accused. The accused No. 5 has already been considered by this
        Court and in such circumstances, having regard to the past
        antecedents of the applicant, I deem it fit to exercise discretion
        in favour of the applicant by imposing stringent conditions, 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. 11203055250397 of
        2025 registered with Shil Police Station, Dist. Junagadh,
        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:



                                    Page 2 of 3
       R/CR.MA/12462/2026                                                                        ORDER DATED: 04/06/2026




             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 Junagadh City and District
                        including Chorwad 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 04/06/2026 11:09:55




                                                              Page 3 of 3