NARANBHAI NATHABHAI BAMBHAVAversusSTATE OF GUJARAT

   R/CR.MA/10510/2026                                       ORDER DATED: 05/05/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
          BEFORE CHARGESHEET) NO. 10510 of 2026
============================================
            NARANBHAI NATHABHAI BAMBHAVA & ORS.
                              Versus
                      STATE OF GUJARAT
============================================
Appearance:
JEET Y RAJYAGURU(8039) for the Applicant(s) No. 1,2,3
MS MONALI H. BHATT, APP for the Respondent(s) No. 1
============================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 05/05/2026

                                     ORDER

[1.0] RULE. Learned APP waives service of rule for respondent-State.


[2.0] The present application is filed under Section 483 of the
Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular
bail in connection with FIR being C.R. No.11189003260613 OF
2026 registered with A Division Morbi City Police Station, for the
offence under the provisions of Gujarat Prohibition Act.

[3.0] Learned advocate appearing on behalf of the applicants submit
that applicants are innocent and have been falsely implicated in the
offence. Substantial part of investigation is over. Nothing is recovered
from the conscious possession of the applicants and there names are
revealed    during      the   investigation.       He   therefore   submits      that,
considering the nature of the offence, the applicants may be enlarged
on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicants are
involved in the present offence and their names are revealed during
the course of investigation. Considering the conduct of the applicants,



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   R/CR.MA/10510/2026                                 ORDER DATED: 05/05/2026




application does not deserve any consideration.


[5.0] While granting bail, the Court has to consider the involvement of
the accused in the alleged offence, the jurisdiction to grant bail has to
be exercised on the basis of the well settled principles having regard to
the facts and circumstances of each case and the following factors are
to be taken into consideration while considering an application for bail:
(i) the nature of accusation and the severity of the punishment and the
nature of the materials relied upon by the prosecution; (ii) reasonable
apprehension of tampering with the witnesses and threat to the
complainant or the witnesses; (iii) reasonable possibility of securing
the presence of the accused at the time of trial or the likelihood of his
abscondence; (iv) character behaviour and standing of the accused
and the circumstances which are peculiar to the accused; (v) larger
interest of the public or the State and similar other considerations are
required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following
aspects have been considered:
     (1)      Investigation is almost over;
     (2)      Applicant is behind the bar since 13.04.2026;
     (3)      There is nothing to be recovered or discovered from the
              applicant;
     (4)      There is no possibility to conclude the trial in near future.
    (5)        Offence is triable by JMFC Court.
     (6)      The applicant is having one past antecedent however the
              accused is governed by presumption of innocence unless
              and until proved guilty;


[7.0] This Court has also taken into consideration the law laid down by
the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central



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      R/CR.MA/10510/2026                               ORDER DATED: 05/05/2026




Bureau of Investigation reported in [2012]1 SCC 40 as well as in
the     case     of    Gudikanti   Narasimhulu     And    Ors     vs.     Public
Prosecutor, High Court of Andhra Pradesh reported in (1978)1
SCC 240. Obviously, the conclusion of trial will take time and keeping
the accused behind the bars is nothing but amounts to pre-trial
conviction and therefore, considering the celebrated principle of bail
jurisprudence is that “bail is a rule and jail is exception” as well as the
concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the
nature of the allegations made against the applicant in the FIR, 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. Hence, the present application is allowed. The
applicants are ordered to be released on regular bail in connection with
FIR being C.R. No.11189003260613 OF 2026 registered with A
Division Morbi City Police Station on executing a personal bond of
Rs.25,000/- (Rupees Twenty-five Thousand only) each 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 & shall not obstruct or hamper the police
               investigation and shall not to play mischief with the
               evidence collected or yet to be collected by the police;
       (c)     surrender passport, if any, to the Trial Court within a week;
      (d)      not to leave State of Gujarat without prior permission of the
               Trial Court concerned;
      (e)      mark presence before the concerned Police Station once in a
               week till filing of the chargesheet and after filing of the
               chargesheet, mark presence before the concerned police


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       R/CR.MA/10510/2026                                                               ORDER DATED: 05/05/2026




                   station once in a month for a period of six months;
        (f)        furnish the Aadhar card, email ID/present address of his
                   residence to the Investigating Officer and also to the Court
                   at the time of execution of the bond and shall not change
                   the residence/contact number without prior permission of
                   Trial Court;
        (g)        if the applicants are found to be indulged in any illegal
                   activities in future, the trial Court concerned will be free to
                   issue warrant and cancel the bail granted to the applicants.


 [9.0] 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
 Judge concerned will be free to issue warrant or take appropriate
 action in the matter.

 [10.0] 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.

 [11.0] At the trial, the trial Court shall not be influenced by the
 observations of preliminary nature qua the evidence at this stage made
 by this Court while enlarging the applicants on bail.

 [12.0] Rule is made absolute to the aforesaid extent. Direct service is
 permitted.



                                                                            (HASMUKH D. SUTHAR,J)
 ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 05/05/2026 18:13:48




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