DIGPALSINH @ KUMARPALSINH MADARSINH GOHILversusSTATE OF GUJARAT

   R/CR.MA/15758/2026                                          ORDER DATED: 13/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 15758 of 2026

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           DIGPALSINH @ KUMARPALSINH MADARSINH GOHIL
                              Versus
                        STATE OF GUJARAT
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Appearance:
NANAVATI & CO.(7105) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 13/07/2026

                                      ORDER

[1.0] RULE.          Learned    APP    waives        service     of    rule    for       the
respondent-State.


[2.0] 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.11198047260122 of 2026 registered with Shihor Police
Station, District Bhavnagar for the offences under Sections
65(a), 65(e), 116-B, 98(2), 81 and 83 of the Prohibition Act.


[3.0] Learned advocate appearing on behalf of the applicant
submits that applicant is innocent and has been falsely implicated
in the offence and now nothing is required to be recovered or
discovered. Co-accused are granted bail by this Court and on the
ground of parity also, applicant may be enlarged on bail. He
therefore submits that, considering the nature of the offence, the
applicant may be enlarged on regular bail by imposing suitable
conditions.



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      R/CR.MA/15758/2026                                   ORDER DATED: 13/07/2026




[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and requested to dismiss the
present application for regular bail looking to the nature and
gravity of the offence.


[5.0] 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.


[6.0] I have heard the learned advocates appearing on behalf of
the respective parties and perused the investigation papers.
Following aspects have been considered:


(1)       The allegation is that applicant is proposed purchaser of the
          muddamal liquor which has already been recovered and
          even otherwise, investigation is over and charge-sheet is
          already filed;
(2)       None of the offence alleged is punishable with life sentence



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      R/CR.MA/15758/2026                           ORDER DATED: 13/07/2026




          or death penalty and is triable by the Court of Magistrate;
(3)       Applicant is behind the bars since 07.04.2026;
(4)       There is nothing to be recovered or discovered from the
          applicant;
(5)       The applicant is having 27 past antecedents out of which 15
          are disposed of and only 12 past antecedents are pending
          and even otherwise, applicant is governed by presumption of
          innocence unless proven guilty;
(6)       Co-accused having similarly situated role are enlarged on
          regular bail and therefore, on the ground of parity also
          (Rameshbhai Batubhai Dhabi Vs. State of Gujarat
          reported in 2011 (3) GLR 1999), present application
          deserves consideration.
(7)       Obviously commencement and conclusion of trial will take
          some time.


[7.0] 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 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.


[8.0] In the facts and circumstances of the case and considering
the nature of the allegations made against the applicant in the FIR,



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   R/CR.MA/15758/2026                                         ORDER DATED: 13/07/2026




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.11198047260122 of 2026 registered with Shihor Police
Station, District Bhavnagar on executing a personal bond of
Rs.25,000/- (Rupees Twenty-five Thousand only) with one 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 leave the State of Gujarat without prior permission of
           the Trial Court concerned;
    (e)    mark presence before the concerned Police Station once
           in a month for a period of six months between 11.00 a.m.
           and 2.00 p.m.;
    (f)    furnish the UIDAI Number, Contact Number/s, Passport
           Number (if he is having the passport), E-mail address and
           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 without prior
           permission of Trial Court;
    (h)    not to indulge in any illegal activity or any similar type of
           offence failing which concerned Investigating Officer



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       R/CR.MA/15758/2026                                                          ORDER DATED: 13/07/2026




                 shall have liberty to file an application for cancellation of
                 bail against the present applicant;
        (i)      not to enter District Bhavnagar for a period of SIX
                 MONTHS except for marking presence before the
                 concerned police station and/or for attending the
                 Court proceedings.


 [9.0] 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.


 [10.0]              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.


 [11.0]              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.


 [12.0]              Rule is made absolute to the aforesaid extent.                                        Direct
 service is permitted.




                                                                    (HASMUKH D. SUTHAR,J)
 ILA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 13/07/2026 14:17:12




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