VISHNUBHAI BHIVABHAI KURDAversusSTATE OF GUJARAT

   R/CR.MA/15960/2026                                        ORDER DATED: 14/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 15960 of 2026
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                        VISHNUBHAI BHIVABHAI KURADA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR MAHALING PANDARAGE FOR MR MEHUL B DHONDE(12928) for the
Applicant(s) No. 1
MR KRUTIK PARIKTH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 14/07/2026

                                     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.11200050251275 of 2025 registered with Nanapontha
Police Station, Valsad, for the offence under Sections 65(a),
65(e), 81, 98(2), 116-B of the Gujarat Prohibition Act as well as
sections 336(2), 336(3), 340(2), 54 of the BNS, 2023.


[3.0] 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. He
therefore submits that, considering the nature of the offence, the
applicants may be enlarged on regular bail by imposing suitable
conditions.




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   R/CR.MA/15960/2026                                   ORDER DATED: 14/07/2026




[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that the applciant
has loaded 1692 bottles of IMFL from Silvassa.                Considering the
conduct of the applicant, application does not deserve any
consideration.


[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.
Against the co-accused charge-sheet is filed wherein present
applicant is absconder and arrayed as an accused and arrested
based on the statement of the co-accused.                  Allegation against
present applicant is that he has loaded 1692 IMFL bottles from
Silvassa.    Except this, no role is attributed to present applicant.
Following aspects have been considered:




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      R/CR.MA/15960/2026                           ORDER DATED: 14/07/2026




(1)       Investigation is almost over;
(2)       Applicant is behind the bar since 22/05/2026;
(3)       There is nothing to be recovered or discovered from the
          applicant;
(4)       Though the applicant is having past antecedents, he is
          presumed to be innocent till proven guilty;
(5)       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.
(6)       Obviously commencement and conclusion of trial will take
          its own time;
(7)       Prosecution has failed to point out the circumstances to
          continue or prolong his detention.


[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/15960/2026                                      ORDER DATED: 14/07/2026




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.11200050251275 of 2025 registered with Nanapontha
Police    Station,      Valsad,    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 leave the 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
          chargesheet, mark presence before the concerned police
          station once in a month for a period of six months;
   (f)    furnish the Aadhaar 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 without prior
          permission of Trial Court;
   (g)    not to indulge in any illegal activity failing which learned
          trial Court shall issue warrant and cancel the bail of the



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      R/CR.MA/15960/2026                                                         ORDER DATED: 14/07/2026




               applicant.


[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 14/07/2026 14:25:39




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