JANMEJAYBHAI @KANU BABUBHAI BHENSARAversusSTATE OF GUJARAT

     R/CR.MA/10214/2026                                  ORDER DATED: 04/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 10214 of 2026

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               JANMEYJAYBHAI @KANU BABUBHAI BHENSARA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                              Date : 04/05/2026

                               ORAL ORDER

1.      Leave to amend the cause-title. To be carried out

forthwith.



2.      Heard learned advocate Mr. Adil R. Mirza appearing

on behalf of the applicant and learned Additional Public

Prosecutor Mr. Soaham Joshi appearing on behalf of the

respondent-State.



3.      Rule. Learned APP waives service of rule on behalf

of the respondent-State.



4.      The       applicant   has     filed       this   application       under


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Section 483 of the Bharatiya Nagarik Suraksha Sanhita,

2023 for enlarging the applicant on Regular Bail in

connection with FIR being C.R. No. 11200018251450 of

2025 registered with Dharampur Police Station, District

Valsad for the offence punishable under Sections 65(a),

65(e), 81, 98(2) and 116(B) of Gujarat Prohibition Act.



5.      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, further incarceration of

the applicant will not benefit the Investigation Officer in

any manner. 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.



6.      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



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coming out from the charge-sheet, this Court may not

exercise discretion in favour of the applicant and the

application may be dismissed.




7.      I have heard learned advocates appearing on behalf

of the respective parties and perused the charge-sheet

papers. Following aspects are considered:-


     i. The applicant is a permanent resident of Valsad

     District, hence would be available at the time of trial;

     ii. The investigation being over, charge-sheet has been

     filed.

     iii. The      applicant   does     not    have    any       criminal

     antecedents.

     iv. As per the prosecution case, a mobile phone was

     found at the place of raid, which place is owned by

     the applicant.

     v. The applicant along with co-accused Sikanderlal had

     received the contraband liquor and while segregating

     the consignment for transportation, the police having

     raided the place, had found a mobile phone, whereas,

     the applicant had fled from the scene.


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     vi. The      apprehension of the           learned APP          that,     the

     applicant would once again indulge in similar or such

     offence, can be put to rest by imposing                           stringent

     conditions.



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 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.



10.      Hence, the applicant is ordered to be released on

bail in connection with F.I.R. registered as C.R. No.

11200018251450 of 2025 with Dharampur Police Station,

District Valsad, on executing a bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand only) with one surety of



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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 file an affidavit to that effect;

  [d]    not      leave      the   State       of        Gujarat   without        prior

  permission of the Sessions Court concerned;

  [e] furnish the present address of his residence 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 presence once a week before the concerned

  Police Station, till the trial is over;

  [g] not indulge in similar kind of offence hereinafter,

  for     which,        he    shall     file        an    affidavit     before      the

  concerned court and the police station.




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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 Court concerned will be at

liberty to take appropriate action in accordance with law.


12.      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.



13.      At the stage of trial, the competent 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 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.


                                                         (UTKARSH THAKORBHAI DESAI, J)
MAYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAYA SHANKERLAL CHAUHAN(HC01402), PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2026 17:54:52




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