KUMARDEEP S/O SHIVRAJBHAI ANAKBHAI KHACHARversusSTATE OF GUJARAT

      R/CR.MA/17045/2026                                ORDER DATED: 23/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
            CHARGESHEET) NO. 17045 of 2026

==============================================
         KUMARDEEP S/O SHIVRAJBHAI ANAKBHAI KHACHAR
                               Versus
                         STATE OF GUJARAT
==============================================
Appearance:
MANAN V PATEL(8059) for the Applicant(s) No. 1
MR ROHAN H RAVAL, APP for the Respondent(s) No. 1
==============================================

     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 23/07/2026

                                    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.11188005260099 of 2026
         registered with Isari Police Station, District - Aravalli, for the
         offence under provisions of the 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 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
         is very much involved in the present offence and considering the
         gravity of offence the present 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



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        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)     Initially the applicant was not named in the FIR and during
                 the      course    of   investigation     came     to    be   arrested      in
                 connection of total 360 bottles of IMFL worth Rs.9,04,536/-.
         (2)     Applicant is behind the bar since 07.07.2026;
         (3)     Applicant is having one past antecedents, however, the
                 accused is governed by presumption of innocence unless
                 and until proved guilty;
         (4)     Substantial part of investigation is over;
         (5)     There is nothing to be recovered or discovered from the
                 applicant;
         (6)     Offence is triable by the Court of Magistrate.;
         (7)     Obviously commencement and conclusion of trial will take
                 some time.


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
        Bureau of Investigation reported in [2012]1 SCC 40 as well as


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        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.11188005260099 of 2026
        registered with Isari Police Station, District - Aravalli 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;
         (a)     shall not take undue advantage of liberty or misuse liberty;
         (b)     shall 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)     shall surrender passport, if any, to the trial Court within a
                 week;
         (d)     shall not leave the territory of the State of Gujarat without
                 prior permission of the Trial Court concerned;
         (e)     shall 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;


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       R/CR.MA/17045/2026                                                                ORDER DATED: 23/07/2026




             (f)       shall furnish the copy of Aadhaar card, email ID, contact
                       number,             permanent               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 and contact number/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 concerned Court to delete,
            modify and/or relax any of 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 ONE, at High Court of Gujarat on 23/07/2026 15:23:38




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