High Court of Gujarat
VIJAYBHAI BHUPATBHAI BARAIYAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court held that, given the applicant's minor role, clean record and the conclusion of the investigation, regular bail should be granted.
Summary
The applicant sought regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 in connection with an FIR for offences under the Gujarat Prohibition Act (sections 65(a), 65(e), 81, 83, 98(2) and 116‑B). The applicant was a labourer involved in loading and unloading prohibited liquor and had no prior criminal record. The State opposed bail, arguing that the nature of the accusation warranted continued custody. The Court observed that the investigation concerning the applicant was complete, his further detention was unnecessary, and his role was minor. Consequently, the Court granted regular bail on a personal bond of Rs.10,000 with a surety and imposed standard conditions, without expressing any opinion on the merits of the case.
Issues considered
- Whether regular bail can be granted under Section 483 of the Bharatiya Nagrik Suraksha Sanhita for offences under the Gujarat Prohibition Act.
- Whether the applicant's role in the alleged offence and lack of prior criminal record justify the exercise of judicial discretion in favour of bail.
- Whether the completion of the investigation on the applicant makes continued custody unnecessary.
Subjects
regular bailSection 483Bharatiya Nagrik Suraksha SanhitaGujarat Prohibition Actcriminal procedurebail conditionsjudicial discretion
Judgment
R/CR.MA/12603/2026 ORDER DATED: 05/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12603 of 2026
==========================================================
VIJAYBHAI BHUPATBHAI BARAIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 05/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for and on
behalf of the respondent – State.
2. The applicant, by way of this application filed under Section 483
of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeks regular
bail in connection with the FIR being C.R.
No.11193002260103 of 2026 registered with Jafrabad Police
Station, Dist.: Amreli, for the offences punishable under
Sections 65(a), 65(e), 81, 83, 98(2) and 116-B of the Gujarat
Prohibition Act.
3. It is the submission of learned counsel for the applicant that the
applicant is in judicial custody since 10.05.2026. He further
submitted that considering the role attributed to the present
applicant, the applicant may be enlarged on regular bail on any
terms and conditions.
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
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R/CR.MA/12603/2026 ORDER DATED: 05/06/2026
applicant.
5. Having heard learned advocates for the respective parties and
upon perusal of material placed on record, it appears that the
applicant was employed for the work of loading and unloading
of the prohibited liquor. The applicant having no criminal past
antecedent of like nature. The investigation qua the applicant is
already over and his further custody is not necessary. In such
circumstances, without entering into the merits of the case, I am
inclined to enlarge the applicant on regular bail.
6. Hence, the bail application is allowed and the applicant is
ordered to be released on regular bail in connection with the FIR
being C.R. No.11193002260103 of 2026 registered with
Jafrabad Police Station, Dist.: 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;
(c) surrender passport, if any, to the lower court within a
week;
(d) not leave India without prior permission of the Sessions
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R/CR.MA/12603/2026 ORDER DATED: 05/06/2026
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) mark presence before the concerned Police Station on
every alternate Monday between 11:00 a.m. and 01:00
p.m. till filing of the chargesheet.
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 is 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 05/06/2026 10:57:49
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