JHALUNATH S/O. SUVANATH YOGIversusSTATE OF GUJARAT

      R/CR.MA/7508/2026                              ORDER DATED: 07/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
                AFTER CHARGESHEET) NO. 7508 of 2026

==========================================================
                          JAHLUNATH S/O. SUVANATH YOGI
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 07/04/2026

                                   ORAL ORDER


1.      Heard learned advocate Mr. G.P. Baghel appearing on behalf

of the applicant 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 applicant has filed this application under Section 483 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the




                                     Page 1 of 6
     R/CR.MA/7508/2026                         ORDER DATED: 07/04/2026




applicant on Regular Bail in connection with FIR being C.R. No.

11199060260003 of 2026 registered with Panoli Police Station,

Bharuch, for the offence punishable under Sections 65(a), 65(e), 81,

83, 98(2) and 116(B) of the Gujarat 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 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.




7. 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



                              Page 2 of 6
     R/CR.MA/7508/2026                           ORDER DATED: 07/04/2026




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:-

       i. The allegation is that the accused transacted in prohibited

       liquor. It appears that the present applicant was arrested

       based on the fact that a vehicle belonging to their son was

       used in the transaction of prohibited liquor.

       ii. The fact that the son of the present applicant appears to

       have sold the vehicle in question, as evidenced by a notarized

       deed dated 03.12.2025, which was before the FIR in question.

       iii. In any case, it appears that the present applicant, who has

       been in custody since 07.01.2026, without any antecedents,

       and the charge-sheet having been filed, is entitled to be

       enlarged on regular bail..


                This Court has taken into consideration the law laid

down by the Hon’ble Apex Court in the case of Sanjay Chandra v.



                                 Page 3 of 6
     R/CR.MA/7508/2026                            ORDER DATED: 07/04/2026




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 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.




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. 11199060260003 of 2026 registered with Panoli Police

Station, Bharuch, on executing a bond of Rs. 50,000/- (Rupees Fifty

Thousand only) with one surety of the like amount to the

satisfaction of the trial Court and subject to the conditions that she

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



                                 Page 4 of 6
      R/CR.MA/7508/2026                            ORDER DATED: 07/04/2026




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] to mark his presence once a month for a period of six months

before the concerned police station;




9.      The Authorities will release the applicant only if she 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



                                 Page 5 of 6
      R/CR.MA/7508/2026                                                              ORDER DATED: 07/04/2026




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)
PD

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 07/04/2026 18:31:19




                                                      Page 6 of 6