HARDEVSINH @VADI DILUBHA VAGHELAversusSTATE OF GUJARAT

    R/CR.MA/19102/2026                                 ORDER DATED: 17/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 19102 of 2026
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                   HARDEVSINH @VADI DILUBHA VAGHELA
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR VISHVARAJSINH D VAGHELA(13666) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 17/08/2026

                                   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. 11993004260613 of 2026 registered
with Bhachau Police Station, Kachchh East Gandhidham, for the o.ence
under the provisions of The Gujarat Prohibition Act.

[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.

[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 o.ence. He has past antecedents. 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



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      R/CR.MA/19102/2026                                   ORDER DATED: 17/08/2026




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 has loaded contraband liquor in the car.
(2)      Though the applicant is having past antecedent,          he is presumed
         to be innocent till proven guilty;
(3)      Applicant is behind the bar since 31.07.2026;
(4)      Substantial part of investigation is over;
(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.
(8)      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.

[7.0] 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



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    R/CR.MA/19102/2026                                  ORDER DATED: 17/08/2026




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.
11993004260613 of 2026 registered with Bhachau Police Station,
Kachchh East Gandhidham on executing a personal bond of Rs.25,000/-
(Rupees Twenty- ve Thousand only) with one 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;
   (d)     not leave the territory of State of Gujarat 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



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    R/CR.MA/19102/2026                                                       ORDER DATED: 17/08/2026




             month for a period of six months;
   (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.
   (h)       not to enter into Kachchh District for a period of six months
             except for marking presence before the concerned police
             station and/or for attending Court;

[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 17/08/2026 14:45:22


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