High Court of Gujarat
MANILAL TERSING JARPOTAversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that, on a prima facie basis, the petitioners are entitled to regular bail and ordered its grant subject to conditions.
Summary
The petitioners, laborers engaged in loading prohibited liquor, were arrested under several provisions of the Gujarat Prohibition Act and the B.N.S. Act. They filed an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail before the charge‑sheet was filed. The State opposed bail, arguing the nature of the offences and the risk of absconding. The Court noted the petitioners' lack of prior record, their limited role in the alleged offence, and that any flight risk could be mitigated by strict conditions, relying on the Supreme Court’s principles in Sanjay Chandra v. CBI. Finding the case prima facie suitable for bail, the Court granted regular bail on a bond of Rs.10,000 with a surety and imposed conditions such as surrendering passport, residence reporting, and periodic police verification.
Issues considered
- Whether regular bail can be granted before the filing of a charge‑sheet for persons accused under the Gujarat Prohibition Act and B.N.S. Act.
- Whether the nature of the alleged offences and the petitioners' role justify denial of bail.
- Whether the risk of the petitioners absconding can be adequately addressed through bail conditions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- B.N.S. Act — s. 111(3), 111(4), 112(2)(b)
- Gujarat Prohibition Act — s. 116(b), 65(a), 65(e), 81, 83, 98(2)
Subjects
- regular bail
- pre‑charge sheet bail
- Gujarat Prohibition Act
- B.N.S. Act
- bail conditions
- absconding risk
- criminal procedure
Judgment
R/CR.MA/3763/2026 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 3763 of 2026
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MANILAL TERSING JARPOTA & ANR.
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1,2
MR NIRAJ SHARMA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 13/02/2026
ORAL ORDER
1. Heard learned advocate Mr.Priteshkumar Vaghela
appearing on behalf of the applicant and learned Additional
Public Prosecutor Mr. Niraj Sharma 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
Page 1 of 5
R/CR.MA/3763/2026 ORDER DATED: 13/02/2026
C.R. No.11196009260018 of 2026 registered with Jawahar
Nagar Police Station, Vadodara City for the offence punishable
under Sections 65(a), 65(e), 81, 83, 98(2), 116(b) of the
Gujarat Prohibition Act and Sections 112(2)(b), 111(3), 111(4)
of the B.N.S. Act.
4. Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of
the allegation levelled, the applicant may be enlarged on
regular bail. 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, 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:-
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R/CR.MA/3763/2026 ORDER DATED: 13/02/2026
i. The applicant is stated to be the labourer engaged for
loading and unloading prohibited liquor, and the only role
attributed to the applicant being that he was found at the
place where the prohibited liquor was being
unloaded/loaded in the vehicle in question for
transportation.
ii. The fact of the applicant being in custody since
02.02.2026 and not having any antecedent.
iii. Apprehension of the learned APP that the applicant not
being resident of the State of Gujarat, if released, he may
abscond, could be allayed by imposing suitable conditions.
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.
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.
Page 3 of 5
R/CR.MA/3763/2026 ORDER DATED: 13/02/2026
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.11196009260018 of 2026 registered with
Jawahar Nagar Police Station, Vadodara City , 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 proposed address of residence to the I.O. and
also to the Court in the State of Gujarat 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 fortnight till the charge-sheet is
filed and thereafter once a month for a period of three
months before the concerned police station
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R/CR.MA/3763/2026 ORDER DATED: 13/02/2026
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 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)
NAIR SMITA V./14-DB
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/02/2026 12:21:32
Page 5 of 5
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