High Court of Gujarat
OMPRAKASH KHERAJRAM NAVALRAM JATversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that regular bail must be granted to the applicant as the circumstances do not warrant continued pre‑trial detention.
Summary
The applicant, OmpraKash Kherajram Navalram Jat, was arrested on 10 May 2026 for allegedly transporting 28,368 bottles of IMFL liquor worth Rs.74,07,888 under the Gujarat Prohibition Act. He filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming innocence and that the investigation was nearly complete with no further recovery required. The State opposed bail, arguing the applicant's involvement in the offence. The Court examined bail jurisprudence, noting the principles from Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor, and considered factors such as the nature of the offence, risk of tampering, and the applicant's clean record. Finding that continued detention amounted to a pre‑trial conviction and that the applicant posed no risk, the Court granted regular bail on a personal bond of Rs.25,000 with several conditions.
Issues considered
- Whether regular bail under Section 483 BNSS, 2023 can be granted before the filing of a chargesheet in a case under the Gujarat Prohibition Act.
- Whether the applicant's continued detention is justified in view of the investigation status, risk of witness tampering, and the applicant's personal circumstances.
Legislation cited
Subjects
regular bailpre‑trial detentionSection 483 BNSSGujarat Prohibition Actpersonal libertyArticle 21bail jurisprudence
Judgment
R/CR.MA/13424/2026 ORDER DATED: 17/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 13424 of 2026
==============================================
OMPRAKASH KHERAJRAM NAVALRAM JAT
Versus
STATE OF GUJARAT
==============================================
Appearance:
KAMALKUMAR R SHARMA(9502) for the Applicant(s) No. 1
O I PATHAN(7684) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/06/2026
ORDER
(1) RULE. Learned APP waives service of rule for the respondent-State.
(2) The present application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail
in connection with FIR being C.R. No.11213068260244 of 2026
registered with Vinchhiya Police Station, District - Rajkot
Rural, for the offence under the provisions of Gujarat Prohibition
Act.
(3) Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Substantial part of investigation is over. Nothing is to be recovered
or discovered from the applicant. He is in custody since
10.05.2026. He therefore submits that, considering the nature of
the offence, the applicants may be enlarged on regular bail by
imposing suitable conditions.
(4) Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant
was driving the vehicle from which IMFL liquor total 28,368 bottles
wroth Rs.74,07,888/- were found. Considering the conduct of the
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R/CR.MA/13424/2026 ORDER DATED: 17/06/2026
applicant, application does not deserve any consideration.
(5) While granting bail, the Court has to consider the involvement of
the accused in the alleged offence, the jurisdiction to grant bail has
to be exercised on the basis of the well settled principles having
regard to the facts and circumstances of each case and the
following factors are to be taken into consideration while
considering an application for bail: (i) the nature of accusation and
the severity of the punishment and the nature of the materials
relied upon by the prosecution; (ii) reasonable apprehension of
tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of
the accused at the time of trial or the likelihood of his abscondence;
(iv) character behaviour and standing of the accused and the
circumstances which are peculiar to the accused; (v) larger interest
of the public or the State and similar other considerations are
required to be considered.
(6) I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following
aspects have been considered:
(1) Investigation is almost over;
(2) Applicant is behind the bar since 10.05.2026;
(3) There is nothing to be recovered or discovered from the
applicant;
(4) There is no possibility to conclude the trial in near future;
(5) Offence is triable by JMFC Court;
(6) The applicant has no past antecedents;
(7) The prosecution failed to point out as to under what
circumstances the detention of the applicant is required to
be extended.
(7) This Court has also taken into consideration the law laid down by
the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central
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R/CR.MA/13424/2026 ORDER DATED: 17/06/2026
Bureau of Investigation reported in [2012]1 SCC 40 as well as
in the case of Gudikanti Narasimhulu And Ors vs. Public
Prosecutor, High Court of Andhra Pradesh reported in
(1978)1 SCC 240. Obviously, the conclusion of trial will take time
and keeping the accused behind the bars is nothing but amounts to
pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is
exception” as well as the concept of personal liberty guaranteed
under Article 21 of the Constitution of India, present application
deserves consideration.
(8) In the facts and circumstances of the case and considering the
nature of the allegations made against the applicant in the FIR,
without discussing the evidence in detail, prima facie, this Court is
of the opinion that this is a fit case to exercise the discretion and
enlarge the applicant on regular bail. Hence, the present application
is allowed. The applicant is ordered to be released on regular bail in
connection with FIR being C.R. No.11213068260244 of 2026
registered with Vinchhiya Police Station, District - Rajkot
Rural on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five Thousand only) with one local surety of the like
amount to the satisfaction of the trial Court and subject to the
conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the
prosecution & shall not obstruct or hamper the police
investigation and shall not to play mischief with the
evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a
week;
(d) not to leave State of Gujarat without prior permission of
the Trial Court concerned;
(e) mark presence before the concerned Police Station once in
a week till filing of the chargesheet and after filing of the
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R/CR.MA/13424/2026 ORDER DATED: 17/06/2026
chargesheet, mark presence before the concerned police
station once in a month for a period of six months;
(f) furnish the Aadhar card, email ID/present address of his
residence to the Investigating Officer and also to the Court
at the time of execution of the bond and shall not change
the residence, contact number and SIM Card without prior
permission of Trial Court;
(g) if the applicant is found to be indulged in any illegal
activities in future, the trial Court concerned will be free to
issue warrant and cancel the bail granted to the applicant.
(9) The authorities will release the applicant only if he is not required in
connection with any other offence for the time being. If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
(10) Bail bond to be executed before the lower Court having jurisdiction
to try the case. It will be open for the concerned Court to delete,
modify and/or relax any of the above conditions, in accordance with
law.
(11) At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the applicant on bail.
(12) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 17/06/2026 14:55:21
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