YOGESH SHANABHAI SISA / KOLI (AS PER SESSIONS COURT ORDER)versusSTATE OF GUJARAT

      R/CR.MA/25672/2025                              ORDER DATED: 23/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 25672 of 2025

==========================================================
 YOGESH SHANABHAI SISA / KOLI (AS PER SESSIONS COURT ORDER)
                            Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 23/02/2026

                                ORAL ORDER


1.       Heard learned advocate Mr. S.D. Moghariya appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr. Trupesh
Kathiriya appearing on behalf of the respondent-State.


2.       Rule. Learned APP waives service of rule on behalf of the
respondent-State.


3.       The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with FIR being C.R. No. 11189007250981 of
2025 registered with Wankaner City Police Station, Dist. Morbi, for the
offence punishable under Sections 65-A, 65(E), 116-B, 81 and 98(2) of the
Gujarat Prohibition (Amendment) Ordinance, 2016.


4.       Learned advocate for the applicant would submit that considering the


                                   Page 1 of 4
     R/CR.MA/25672/2025                                 ORDER DATED: 23/02/2026




role attributed to the applicant, and nature of the allegation levelled, the
applicant may be enlarged on regular bail. It is further submitted that since
the charge-sheet is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. It is further contended that the
applicant is ready and willing to abide by all the conditions that may be
imposed by this Court if released on bail.


5.      As against the same, learned Additional Public Prosecutor appearing
for the respondent – State has vehemently objected to the grant of regular
bail. Learned APP has submitted that looking to the nature of offence and
the role attributed to the present applicant as coming out from the charge-
sheet, this Court may not exercise the discretion in favour of the applicant
and the application may be dismissed.


6.      I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:-

       (i)     While allegation against the applicant being that he was a driver
               of the vehicle from which the contraband-liquor had been
               recovered, yet, it would appear that the applicant was neither
               the owner of the contraband-liquor nor the ultimate recipient of
               the same.

       (ii)    The fact of the applicant not having any antecedent.


        This Court has taken into consideration the law laid down by the
Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of
Investigation reported in [2012] 1 SCC 40.



                                     Page 2 of 4
     R/CR.MA/25672/2025                                  ORDER DATED: 23/02/2026




7.      In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the First Information
Report, 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.


8.      Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with F.I.R. registered as C.R.
No.11189007250981 of 2025 registered with Wankaner City Police Station,
Dist. Morbi, on executing a bond of Rs.10,000/- (Rupees Ten Thousand
only) with one 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;

     [c] surrender passport, if any, to the lower court within a week;

     [d] not leave the State of Gujarat without prior permission of the
     Sessions Court concerned;

     [e] furnish the present address of residence to the I.O. and also to the
     Court at the time of execution of the bond and shall not change the
     residence without prior intimation to the I.O.;

     [f] mark presence once a month for a period of three months before the
     concerned police station.


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 Court concerned will be


                                    Page 3 of 4
      R/CR.MA/25672/2025                                                               ORDER DATED: 23/02/2026




free to 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 the concerned Court to delete, modify
and/or relax any of the above conditions in accordance with law.


11.        At the stage of trial, the trial court shall not be influenced by any
observations of this Court which are of preliminary nature made at this
stage, only for the purpose of considering the application of the applicant
for being released on regular bail.


12.        The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.




                                                                                        (NIKHIL S. KARIEL,J)
Y.N. VYAS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: YAGNESH NARENDRABHAI VYAS(HC00207), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/02/2026 11:09:56




                                                       Page 4 of 4