VASU S/O GULABARAM SAVARAM GARG (PANDYA)versusSTATE OF GUJARAT

   R/CR.MA/18860/2026                                      ORDER DATED: 14/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 18860 of 2026

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           VASU S/O GULABARAM SAVARAM GARG (PANDYA)
                              Versus
                        STATE OF GUJARAT
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Appearance:
SURESH M CHAUDHARY(9938) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 14/08/2026

                                   ORDER

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


[2.0] The present application is           led under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular        bail     in    connection            with          FIR         being
C.R.No.22996006251093              of   2025     registered        with     Tharad
Police Station, Vav-Tharad, for the o.ence under the provisions
of Sections 65(a), 65(e), 116-B, 98(2), 81 of the Gujarat Prohibition
Act as well as Sections 336(2), 336(3). 340(2) of BNS, 2023.


[3.0] Learned advocate appearing on behalf of the applicant
submits that applicant is innocent and has been falsely implicated
in the o.ence. Substantial part of investigation is over. He
therefore submits that, considering the nature of the o.ence, the
applicant may be enlarged on regular bail by imposing suitable
conditions.




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[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that 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 o.ence, 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. It is
alleged that the present applicant is supplier of the alleged
contraband. Following aspects have been considered:


(1)       Investigation is almost over;
(2)       Applicant is behind the bar since 19/07/2026;
(3)       There is nothing to be recovered or discovered from the
          applicant;
(4)       Though the applicant is having past antecedent, he is



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      R/CR.MA/18860/2026                                     ORDER DATED: 14/08/2026




          presumed to be innocent till proven guilty;
(5)       Obviously commencement and conclusion of trial will take
          its own time;
(6)       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,
without discussing the evidence in detail, prima facie, this Court is
of the opinion that this is a         t 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.22996006251093                 of   2025      registered      with     Tharad
Police Station, Vav-Tharad, on executing a personal bond of
Rs.25,000/- (Rupees Twenty- ve 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;



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   (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 India without prior permission of the Trial
          Court concerned;
   (e)    mark presence before the concerned Police Station once in
          a week till   ling of the chargesheet and after      ling 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 O.icer 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
          applicant.


[9.0] The authorities will release the applicant only if he is not
required in connection with any other o.ence 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



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      R/CR.MA/18860/2026                                                          ORDER DATED: 14/08/2026




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 inEuenced 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 14/08/2026 15:51:49




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