VIKASKUMAR HAPURAM GAMDARAM KHICHAD (BISNOI)versusSTATE OF GUJARAT

   R/CR.MA/18935/2026                              ORDER DATED: 14/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 18935 of 2026
==========================================================
         VIKASKUMAR HAPURAM GAMDARAM KHICHAD (BISNOI)
                             Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
==========================================================
 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. 11199061250553 of 2025 registered
with Ankleshwar City B Division Police Station, Bharuch, for the
o.ence under the provisions of The Gujarat Prohibition Act and Sections
336(2), 336(3) and 340(2) of the BNS.

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

[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant is
involved in the present o.ence. He has past antecedents of similar
nature. Considering the conduct of the applicant, application does not



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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. Following
aspects have been considered:

(1)       The applicant is arrested on the basis of statement of co-accused
         and muddamal was not belonged to the applicant.
(2)      Though the applicant is having past antecedents, he is
         presumed to be innocent till proven guilty;
(3)      Applicant is behind the bar since 21.05.2026;
(4)      Investigation is over and chargesheet has been led;
(5)      There is nothing to be recovered or discovered from the applicant;
(6)      There is no possibility to conclude the trial in near future.
(7)      O.ence is triable by the Court of Magistrate.



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[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. 11199061250553 of 2025 registered with Ankleshwar City B
Division Police Station, Bharuch 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/she 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;



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     (d)       not leave the India without prior permission of the Trial Court
               concerned;
     (e)       mark presence before the concerned Police Station once in
               every month for a period of six months between 11.00 a.m. and
               2.00 p.m;
     (f)       furnish the copy of Aadhaar card, email ID/contact number /
               permanent and present address of his residence to the
               Investigating ODcer 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)       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 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 inGuenced 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)
SUCHIT

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 14/08/2026 15:58:47
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