VINOD KISHNJI BANSIWALversusSTATE OF GUJARAT

     R/CR.MA/6458/2026                         ORDER DATED: 20/03/2026




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
        BEFORE CHARGESHEET) NO. 6458 of 2026
=========================================
               VINOD KISHNJI BANSIWAL
                           Versus
                   STATE OF GUJARAT
=========================================
Appearance:
MR RJ GOSWAMI(1102) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
=========================================
 CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI

                         Date : 20/03/2026

                          ORAL ORDER


1.     Heard learned advocate appearing on behalf of the applicant
and learned Additional Public Prosecutor 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 6led this application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the
applicant on Regular Bail before 6ling of the charge sheet in
connection with FIR being C.R. No. 11214021260232 of 2026
registered with Kosamba Police Station, Surat for the o=ence
punishable under Sections    65(a)(e), 81, 83, 98(2), 116(b) of the
Gujarat Prohibition Act and Sections 111(2)(b), 111(3)(4) of the
BNS, 2023.


4.     Learned advocate for the applicant submitted that the
applicant has been found in possession of contraband allegedly



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valued at about Rs.22 lakhs without any permit. It is submitted that
the role attributed to the applicant is that of a mediator who was
allegedly supposed to transfer the contraband to the co-accused. It
is further submitted that the applicant has only one past
antecedent being Cr. Case No. 2186/2024, in which the applicant
has already been acquitted. It is further contended that the charge-
sheet is not yet 6led. The learned advocate submits that the
applicant is ready and willing to abide by any condition that may be
imposed by this Court.


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 and gravity of the o=ence, the seriousness of the
allegations and the role attributed to the present applicant as
emerging from the FIR so far, this Court may not exercise
discretion in favour of the applicant and the application may be
dismissed.



6.     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 6t case to
exercise the discretion and enlarge the applicant on regular bail.



8.     Hence, the applicant is ordered to be released on bail in


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      R/CR.MA/6458/2026                          ORDER DATED: 20/03/2026




connection with F.I.R. registered as C.R. No. 11214021260232 of
2026 registered with Kosamba Police Station, Surat on executing a
bail bond of Rs.1,00,000/- (Rupees one lacs 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 his passport, if any, to the trial court within a week,
and if he does not possess a passport, he shall 6le an a=idavit to
that e=ect;

[d] not to enter into the limits of District Surat except for attending
the Court proceedings;

[e] furnish the present address of his residence in Rajasthan to the
I.O. and to the Court at the time of execution of the bond and shall
not change his residence without prior intimation to the I.O. and
the court;

[f] mark his presence before the Kosamba Police Station at every
15 days for a period of three months from the date of release and
submit a report of the same to the trial court if required;

[g] not indulge in similar kind of o=ence hereinafter, for which, he
shall 6le an a=idavit before the concerned court and the police
station.



09.     The Authorities will release the applicant only if he is not
required in connection with any other o=ence for the time being. If
breach of any of the above conditions is committed, the Sessions
Court concerned will be at liberty to take appropriate action in
accordance with law.


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      R/CR.MA/6458/2026                                                                      ORDER DATED: 20/03/2026




10.       Bail bond to be executed before the trial 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 competent court shall not be
inJuenced by any observations of this Court which are of
preliminary nature, made at this stage only for the purpose of
enlarging the applicant on regular bail. The application is allowed
in the aforesaid terms. Rule is made absolute to the aforesaid
extent. Direct service is permitted.




                                                                                          (R. T. VACHHANI, J)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/03/2026 15:34:44




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