BIRBALNATH REKHNATH HUNATNATH CHAUHANversusSTATE OF GUJARAT

      R/CR.MA/3955/2026                              ORDER DATED: 17/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 3955 of 2026

========================================================
                BIRBALNATH REKHNTH HUNATNATH CHAUHAN
                                  Versus
                            STATE OF GUJARAT
========================================================
Appearance:
MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1
MR JAY MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 17/02/2026

                               ORAL ORDER

1.      Heard learned Advocate Mr. Priteshkumar Vaghela on behalf of the
applicant and learned Additional Public Prosecutor Mr. Jay Mehta               on
behalf of the respondent-State.


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


3.      The present applicant who has been arraigned as an accused has
preferred 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. 11209014250772 of 2025 registered
with Gambhoi Police Station, District: Sabarkantha for the offences
punishable under Sections 65(a), 65(e), 81, 83 of the Gujarat Prohibition Act
and Sections 336(2), 336(3), 340(2) of Bhartiya Nyaya Sanhita 2023 before
filing of the charge-sheet more particularly the application preferred by the


                                  Page 1 of 4
     R/CR.MA/3955/2026                                  ORDER DATED: 17/02/2026




applicant having been rejected by the learned Trial Court.


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 not 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, this Court may not exercise the
discretion in favour of the applicant and the application may be dismissed.


6.     This Court has heard learned Advocates for the respective parties and
perused the FIR as well as order passed by learned Session Court as well as
affidavit filed by the investigating officer before the learned Trial Court.


7.     This Court has also considered the following aspects:


       (i)      The fact that the applicant being driver of the vehicle in which
       the prohibited liquor was being carried.


       (ii)     Though the vehicle was having a fabricated number plate, yet
       considering that the applicant does not any antecedents, this Court is



                                     Page 2 of 4
      R/CR.MA/3955/2026                                 ORDER DATED: 17/02/2026




        inclined to consider this application.


8.      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.


9.      In the facts and circumstances of the case and considering the nature
of the allegations made against the applicants 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
applicants on regular bail.


10.      Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No. 11209014250772
of 2025 registered with Gambhoi Police Station, District: Sabarkantha
on executing a bond of Rs.25,000/- (Rupees Twenty Five 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 to leave the State of Gujarat without prior permission of the
       Sessions Court concerned;



                                    Page 3 of 4
       R/CR.MA/3955/2026                                                        ORDER DATED: 17/02/2026




        [e] Mark presence in the concerned Police Station once in a week till
        charge-sheet is laid and thereafter once in a month for a period of six
        months;


        [f] 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 residential address without prior intimation to the I.O.


11.      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 Judge concerned will be
free to take appropriate action in the matter.


12.        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.


13.      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 applicants
for being released on regular bail.


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




                                                                                 (NIKHIL S. KARIEL,J)
NIRU
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/02/2026 11:05:35

                                                   Page 4 of 4