High Court of Gujarat
BHAGIRATH AMRUBHAI MOYAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court held that bail should be granted as custodial detention was not necessary in the circumstances.
Summary
The applicant, Bhagirath Amrubahai Moya, was arrested on 13 May 2026 for allegedly receiving contraband liquor, charged under Sections 65(A), 65(e), 81 and 116(B) of the Prohibition Act. He filed an application for regular bail before the chargesheet under Section 483 of the BNSS. The State opposed bail, arguing the nature of the accusation warranted detention. The Court observed that the applicant’s role was limited to being a receiver, the arrest was based solely on a co‑accused’s statement, and there was no necessity for continued custody, especially as the trial was expected to be lengthy and the applicant was available for proceedings. Consequently, the Court granted regular bail on a personal bond of Rs 10,000 with specified conditions, without expressing any opinion on the merits of the case.
Issues considered
- Whether regular bail can be granted before the filing of a chargesheet under Section 483 of the BNSS for offences under the Prohibition Act.
- Whether the applicant’s alleged role as a receiver of contraband liquor and the reliance on a co‑accused’s statement justify continued custodial detention.
- Whether the conditions imposed on bail are appropriate and lawful.
Subjects
regular bailpre‑chargesheet bailProhibition Actcontraband liquorcustodial detentionbail conditions
Judgment
R/CR.MA/12483/2026 ORDER DATED: 04/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
BEFORE CHARGESHEET) NO. 12483 of 2026
=========================================
BHAGIRATH AMRUBHAI MOYA
Versus
STATE OF GUJARAT
=========================================
Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
=========================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 04/06/2026
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. 11203008260042 of 2026 registered
with Bilkha Police Station, Dist. Junagadh, for the
offences punishable under Sections 65(A), 65(e), 81 and
116(B) of the Prohibition Act.
3. It is the submission of learned counsel for the applicant that
he was arrested on 13/05/2026. He further submitted that
the applicant has not played any vital role in the alleged
offence. Hence, further detention of the applicant is
unwarranted.
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
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R/CR.MA/12483/2026 ORDER DATED: 04/06/2026
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 role attributed to the present applicant is that he
was the receiver of the contraband liquor. However,
admittedly, the applicant has been arrested on the basis of
the statement of the co-accused. In such aforesaid
circumstances, when the custodial detention is not necessary,
this Court is of the opinion that the applicant deserves to be
enlarged on bail. The trial is likely to take considerable time
to conclude. The applicant is readily available for the purpose
of trial, and the prosecution has not pointed out any
circumstance indicating that his further custodial detention is
necessary. In such circumstances, continued incarceration of
the applicant would not serve any useful purpose. Hence, the
present application is allowed.
6. 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.
7. Hence, the applicant is ordered to be released on regular bail
in connection with the FIR being C.R. No.
11203008260042 of 2026 registered with Bilkha 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:
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R/CR.MA/12483/2026 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) 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 the territory of Bilkha Police Station
for a period of 06 months except for attending the
court proceedings or to mark his presence before
the concerned police station if any.
8. 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)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/06/2026 11:10:57
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