VIJESH @ VIJU HARISHANKAR KHATIKversusSTATE OF GUJARAT

 R/CR.MA/19477/2026(GJHC240619002026)                        ORDER DATED: 21/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 19477 of 2026
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                     VIJESH @ VIJU HARISHANKAR KHATIK
                                    Versus
                             STATE OF GUJARAT
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Appearance:
MR. FAIJAN. H. MEMON(14630) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                   Date : 21/08/2026

                               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
Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11210008241541 of 2024 registered
with Sarthana Police Station, Surat, for the o.ence under the provisions
of 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. 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



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 R/CR.MA/19477/2026(GJHC240619002026)                       ORDER DATED: 21/08/2026




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)      Investigation is almost over;
(2)      Applicant is behind the bar since 05.07.2026;
(3)      Allegation against the applicant is that, at the instance of the
         applicant, co-accused transporting contraband liquor.
(4)      Now, there is nothing to be recovered or discovered from the
         applicant;
(5)      There is no possibility to conclude the trial in near future.
(6)    Though the applicant is having past antecedents, he is presumed to
       be innocent till proven guilty;.
(7)      O.ence is triable by JMFC Court.
(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



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 R/CR.MA/19477/2026(GJHC240619002026)                            ORDER DATED: 21/08/2026




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.11210008241541 of 2024 registered with Sarthana Police Station,
Surat 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;
     (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       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 Aadhar card, email ID/present address of his



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 R/CR.MA/19477/2026(GJHC240619002026)                                             ORDER DATED: 21/08/2026




               residence to the Investigating OFcer 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)       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.
   (h)       not to enter into Surat 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 inHuenced 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 21/08/2026 15:25:23

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