High Court of Gujarat
BAJRANGLAL HANUMANRAM PRAJAPATIversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that, on a prima facie basis, the applicants are entitled to regular bail and granted it subject to conditions.
Summary
The applicants, a driver and a cleaner, were implicated in a contraband liquor seizure under several provisions of the Gujarat Prohibition Act. They filed an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the charge-sheet was filed. The State opposed bail, arguing the nature of the offence and risk of absconding. The Court noted that the applicants were not owners or recipients of the liquor, had no relevant prior convictions, and that any flight risk could be mitigated by strict conditions. Relying on the Supreme Court’s decision in Sanjay Chandra v. CBI, the Court held that prima facie the case warranted bail and granted regular bail with a bond and several conditions. The order also directed that the trial court not be influenced by these preliminary observations.
Issues considered
- Whether regular bail can be granted before the filing of a charge-sheet in a contraband liquor case under the Gujarat Prohibition Act.
- Whether the applicants pose a risk of absconding or tampering with evidence.
- Whether the nature of the alleged offences justifies denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Gujarat Prohibition Act — s. 116-B, 65(a), 65(e), 81, 83, 98(2), 99
Subjects
- regular bail
- pre-charge sheet bail
- contraband liquor
- Gujarat Prohibition Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- bail conditions
- Sanjay Chandra case
Judgment
R/CR.MA/1524/2026 ORDER DATED: 21/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 1524 of 2026
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BAJRANGLAL HANUMANRAM PRAJAPATI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
MR JAY MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/01/2026
ORAL ORDER
1. Heard learned advocate Mr. Pravin Gondaliya appearing on behalf
of the applicants and learned Additional Public Prosecutor Mr. Jay Mehta
appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicants have filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on
Regular Bail in connection with FIR being C.R. No. 11996006251283 of
2025 registered with Tharad Police Station, District Vav-Tharad, for the
offence punishable under Sections 65(a), 65(e), 116-B, 99, 98(2) 81 and
83 of the Gujarat Prohibition Act.
4. Learned advocate for the applicants would submit that considering
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the role attributed to the applicants, and nature of the allegation levelled,
the applicants may be enlarged on regular bail. It is further contended that
the applicants are ready and willing to abide by all the conditions that
may be imposed by this Court if released on bail.
5. As against the same, learned Additional Public Prosecutor
appearing for the respondent – State has vehemently objected to the grant
of regular bail. Learned APP has submitted that looking to the nature of
offence and the role attributed to the present applicants as coming out
from the affidavit of the Investigating Officer, this Court may not
exercise the discretion in favour of the applicants and the application may
be dismissed.
6. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. While allegation against the applicants being that they were driver
and cleaner of the vehicle from which the contraband-liquor had been
recovered, yet, it would appear that the applicants were neither the
owners of the contraband-liquor nor the ultimate recipients of the
same.
ii. The applicant No.1 has one antecedent of the year 2016, which is
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not co-relatable to the present offence and whereas the applicant No.2
has no any antecedent.
iii. Apprehension of the learned APP that the applicants are not being
resident of the State of Gujarat, if released, they may abscond, could
be allayed by imposing suitable conditions.
This Court has taken into consideration the law laid down by the
Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau
of Investigation reported in [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the
nature of the allegations made against the applicants in the First
Information Report, 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 applicants on regular bail.
8. Hence, the present application is allowed. The applicants are
ordered to be released on bail in connection with F.I.R. registered as C.R.
No. 11996006251283 of 2025 registered with Tharad Police Station,
District Vav-Tharad, on executing a bond of Rs.10,000/- (Rupees Ten
Thousand only) each with one surety of the like amount to the satisfaction
of the trial Court and subject to the conditions that they shall;
[a] not take undue advantage of liberty or misuse liberty;
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[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] furnish the proposed address of residence in the State of Gujarat to
the I.O. and also to the Court at the time of execution of the bond and
shall not change the residence without prior intimation to the I.O.;
[f] mark presence once a week till the charge-sheet is filed and
thereafter once a month for a period of three months before the
concerned police station.
9. The Authorities will release the applicants only if they are not
required in connection with any other offence for the time being. If
breach of any of the above conditions is committed, the Sessions Court
concerned will be free to 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 stage of trial, the trial court shall not be influenced by any
observations of this Court which are of preliminary nature made at this
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stage, only for the purpose of considering the application of the applicants
for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 22/01/2026 11:19:56
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