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High Court of Gujarat

CHUNILAL AMEDARAM HUDAversusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court held that the applicant is entitled to regular bail in the present case.

Summary

The applicant, a driver of a vehicle from which contraband liquor was seized, filed an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail after the charge‑sheet was filed for offences under the Prohibition Act (sections 65(a), 65(e), 116(B), 98(2), 81, 83). The court noted that the applicant was neither the owner nor the ultimate recipient of the liquor, had no prior criminal record, and that any risk of absconding could be mitigated by imposing conditions. Relying on the Supreme Court’s decision in Sanjay Chandra v. CBI, the court held that the nature of the allegations did not preclude bail. Consequently, the court granted regular bail on a bond of Rs 10,000 with a surety and imposed several conditions, including surrender of passport, residence reporting, and monthly police verification. The order also directed that the trial court not be influenced by these preliminary observations.

Issues considered

  • Whether regular bail can be granted after the filing of a charge‑sheet for offences under the Prohibition Act.
  • Whether the applicant’s role as a driver and lack of prior record justify bail despite the nature of the contraband liquor offence.
  • Whether the risk of the applicant absconding can be adequately addressed through bail conditions.

Legislation cited

Subjects

  • regular bail
  • charge sheet
  • Prohibition Act
  • contraband liquor
  • flight risk
  • bail conditions
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

     R/CR.MA/395/2026                           ORDER DATED: 09/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 395 of 2026

==========================================================
                        CHUNILAL AMEDARAM HUDA
                                  Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
SAURABH Y CHANDE(9035) 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 : 09/01/2026

                             ORAL ORDER


1.     Heard learned advocate Mr.Saurabh Chande 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. 11189002250862/2025 registered with Maliya

Miyana Police Station, Morbi for the offence punishable under



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     R/CR.MA/395/2026                               ORDER DATED: 09/01/2026




Sections 65(a), 65(e), 116(B), 98(2), 81, 83 of the Prohibition

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 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



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      R/CR.MA/395/2026                                 ORDER DATED: 09/01/2026




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.

     iii. Apprehension of the learned APP that the applicant is

     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/395/2026                        ORDER DATED: 09/01/2026




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. 11189002250862/2025 registered with

Maliya Miyana Police Station, 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 proposed 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 six months

     before the concerned police station.




                              Page 4 of 5
         R/CR.MA/395/2026                                                        ORDER DATED: 09/01/2026




  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)
  Bhoomi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 09/01/2026 15:00:09




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