KARANSINH LALUBHA GOHILversusSTATE OF GUJARAT

      R/CR.MA/5395/2026                                    ORDER DATED: 10/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
                AFTER CHARGESHEET) NO. 5395 of 2026

==========================================================
                      KARANSINH LABHUBHA GOHIL & ANR.
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR SHIVRAJSINGH B RATHORE(10291) for the Applicant(s) No. 1,2
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                   Date : 10/03/2026

                                     ORAL ORDER


1.      Heard learned advocate Mr.Shivrajsingh Rathore appearing
on behalf of the applicantS and learned Additional Public
Prosecutor        Mr.     Hardik    Mehta      appearing   on    behalf      of      the
respondent-State.



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



3.      The applicants have filed this application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the
applicants on Regular Bail in connection with FIR being C.R. No.



                                       Page 1 of 5
     R/CR.MA/5395/2026                         ORDER DATED: 10/03/2026




11185007250398 of 2025 registered with Salaya MarinePolice
Station, District:Devbhoomi Dwarka for the offence punishable
under Sections 65(E), 116(B), 81 and 98(2) of the Prohibition Act.



4.     Learned advocate for the applicants would submit that
considering the role attributed to the applicants, and nature of
the allegation levelled, the applicants 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 applicants in jail
for indefinite period. It is further contended that the applicants
are 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
applicants as coming out from the charge-sheet, this Court may
not exercise the discretion in favour of the applicants 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:-


                              Page 2 of 5
      R/CR.MA/5395/2026                                       ORDER DATED: 10/03/2026




     i. While allegation against the applicant No.1 being that he
     being the driver of the vehicle and applicant No.2 was sitting
     beside applicant No.1 from which the contraband-liquor had
     been recovered.

     ii. The fact that this Court has considered the case of the co-
     accused (accused No.3) in Criminal Misc. Application No.1142
     of 2026 dated 19.01.2026.

     iii. The fact of the applicants having one antecedent of similar
     nature.

     iv. The     fact     that   the   applicants     being     in    custody      since
     17.12.2025, this Court is inclined to grant bail.

        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 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.




                                        Page 3 of 5
     R/CR.MA/5395/2026                             ORDER DATED: 10/03/2026




8.      Hence, the present application is allowed. The applicants
are ordered to be released on bail in connection with F.I.R.
registered as        C.R. No. 11185007250398 of 2025 registered with
Salaya       MarinePolice   Station,   District:Devbhoomi    Dwarka,         on
executing a bond of Rs.25,000/- each (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
they 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 in a month for a period of three
     months before the concerned police station.




                                  Page 4 of 5
      R/CR.MA/5395/2026                                                        ORDER DATED: 10/03/2026




9.       The Authorities will release the applicants only if they are
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 applicants 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./11-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 11/03/2026 10:44:37




                                                   Page 5 of 5