High Court of Gujarat
NARUBHAI RUMALBHAI PARGIversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The court held that, on a prima facie basis, the applicant is entitled to regular bail and granted it subject to conditions.
Summary
The applicant, Narubhai Rumalbai Pargi, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with an FIR alleging offences under the Gujarat Prohibition Act. The prosecution argued the allegations were serious, while the defence highlighted that contraband liquor was not found on the applicant, his involvement was inferred only from a co‑accused’s statement, and he had no prior criminal record. The court noted that co‑accused had previously been granted bail and relied on the Supreme Court’s decision in Sanjay Chandra v. CBI. Considering the prima facie nature of the case, the applicant’s clean antecedents, and the lack of direct evidence, the court exercised its discretion to grant regular bail with standard conditions. The bail was ordered on execution of a Rs.25,000 bond with one surety, subject to conditions such as surrendering passport, not leaving Gujarat without permission, and periodic police reporting.
Issues considered
- Whether regular bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the allegations under the Gujarat Prohibition Act.
- Whether the applicant’s alleged involvement, based solely on a co‑accused’s statement, suffices to deny bail.
- Whether the applicant’s clean criminal record and the prior grant of bail to co‑accused influence the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Gujarat Prohibition Act — s. 116B, 65(e), 81, 83, 98(2)
Subjects
- regular bail
- Bharatiya Nagarik Suraksha Sanhita
- Gujarat Prohibition Act
- contraband liquor
- co‑accused statement
- bail conditions
Judgment
R/CR.MA/345/2026 ORDER DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 345 of 2026
==========================================================
NARUBHAI RUMALBHAI PARGI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR M A CHAUHAN(11262) for the Applicant(s) No. 1
MR JAY MEHTA APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/01/2026
ORAL ORDER
Leave to amend the cause title is permitted. Amendment to be carried
out forthwith.
1. Heard learned advocate Mr. M.A. Chauhan appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr. Jay Mehta 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. 11821051240831 of 2024 registered
with Chakaliya Police Station, District Dahod for the offence punishable
under Sections 65(e), 81, 83, 98(2) and 116B of the Gujarat Prohibition Act .
4. Learned Advocate for the applicant would submit that contraband liquor
was not found from the conscious possession of the applicant. Learned
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R/CR.MA/345/2026 ORDER DATED: 08/01/2026
Advocate would submit that the applicant has been arraigned as accused on
the basis of statement of co-accused and the applicant has no any criminal
antecedents. Thus submitting learned Advocate would request that this
Court may release the present applicant on regular bail.
5. As against the same, learned Additional Public Prosecutor Mr. Niraj
Sharma appearing for the respondent – State has strongly opposed this
application. Learned APP would submit that serious allegations have been
levelled against present applicant, therefore, this Court may not enlarge the
present applicant on regular bail.
6. Having regard to the fact that the applicant has prayed for grant of regular
bail, learned Advocates appearing on behalf of the respective parties do not
press for further reasoned order.
7. I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:-
i. The fact of the not being found at the place of the offence .
ii. The fact of the role of the present applicant being revealed from the
statement of co-accused.
iii. The fact of the co-accused having been considered for regular bail by
learned Co-ordinate Bench of this Court vide order date 23.09.2025 in
Criminal Misc. Application No. 19510 of 2025.
iv. The fact of the applicant having no other antecedents.
v. The co-accused have been considered for grant of regular bail by this
Court vide order dated 14.11.2025 passed in Criminal Miscellaneous
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R/CR.MA/345/2026 ORDER DATED: 08/01/2026
Application No.23453 of 2025 and by the coordinate Bench of this Court
vide order dated 23.09.2025 passed in Criminal Miscellaneous Application
No.19510 of 2025.
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.
8. In the facts and circumstances of the case and considering the nature of
the allegations made against 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.
9. 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.
11821051240831 of 2024 registered with Chakaliya Police Station, District
Dahod, on executing a bond of Rs.25,000/- (Rupees Twenty Five
Thousands 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] Mark presence before the concerned Police Station once every fortnight
till charge-sheet is filed and thereafter once a month for a period of six
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R/CR.MA/345/2026 ORDER DATED: 08/01/2026
months.
[f] 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.;
10. 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
free to take appropriate action in the matter.
11. 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.
12. 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.
13. The application is allowed in the aforesaid terms. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 09/01/2026 11:39:52
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