AJAYBHAI HAMIRBHAI VALAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The court held that, given the applicant’s clean record, the near‑completion of investigation and lack of direct involvement, regular bail should be granted.
Summary
Ajaybhai Hamirbhai Vala was arrested in connection with FIR C.R. No.11203008260042 registered at Bilkha Police Station, Junagadh, for offences under Sections 65(e), 116B, 81 and 98(2) of the Prohibition Act. He filed an application for regular bail under Section 483 of the BNSS, claiming confinement since 13‑05‑2026 and asserting he played no vital role in the alleged offence. The State opposed bail, arguing the nature of the accusation and the applicant’s conduct warranted denial of discretion. The Court observed that the applicant was not found at the scene, was implicated mainly on the basis of co‑accused, the investigation was nearly complete, and he had no prior antecedents, concluding that continued detention served no purpose. Accordingly, the Court granted regular bail on a personal bond of Rs.10,000 with specified conditions.
Issues considered
- Whether regular bail can be granted before the filing of a chargesheet under Section 483 of the BNSS
- Whether the applicant’s lack of prior antecedents and the stage of investigation justify granting bail
- Whether the nature of the alleged offences under the Prohibition Act warrants denial of bail
Subjects
Judgment
R/CR.MA/12438/2026 ORDER DATED: 03/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12438 of 2026
==========================================================
AJAYBHAI HAMIRBHAI VALA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 03/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent State.
2. The applicant, by way of this application filed under
Section 483 of the BNSS, seeks regular bail in
connection with the FIR being C.R. No.
11203008260042 of 2026 registered with
Bilkha Police Station, Dist. Junagadh, for the
offences punishable under Sections 65(e), 116B, 81,
98(2) of Prohibition Act.
3. It is the submission of learned counsel for the
applicant that he is suffering confinement since
13.05.2026. He further submitted that the applicant
has not played any vital role in the alleged offence.
Hence, further detention of the applicant is
unwarranted.
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R/CR.MA/12438/2026 ORDER DATED: 03/06/2026
4. Learned APP has opposed the bail application
contending that, considering the conduct of the
applicant and nature of accusation, the discretion
may not be exercised in favour of the applicant.
5. Having heard the learned counsel for the respective
parties and upon perusal of the material placed on
record, it appears that, the applicant was not found
at the place. He has been arraigned as accused on
the basis of co-accused. The investigation is almost
over. He has no any past antecedent. In such
circumstances, keeping behind the applicant behind
bar, would not serve any purpose. Hence, the bail
application is allowed.
6. Hence, the applicant is ordered to be released on
regular bail in connection with the FIR being C.R.
No. 11203008260042 of 2026 registered with
Bilkha Police Station, Dist. Junagadh, on
executing a personal bond of Rs.10,000/- (Rupees
Ten thousands only), with one surety of the like
amount to the satisfaction of the learned Trial Court
and subject to the conditions that he shall:
No. Conditions
(a) not take undue advantage of liberty or
misuse liberty;
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R/CR.MA/12438/2026 ORDER DATED: 03/06/2026
(b) not act in a manner injuries to the interest of
the prosecution;
(c) surrender passport, if any, to the lower court
within a week;
(d) not leave India without prior permission of
the Sessions Judge concerned;
(e) furnish latest address of residence to the
Investigating Officer and also to the Court at
the time of execution of the bond and shall
not change the residence without prior
permission of the trial Court;
7. The authorities shall release the applicant if he is not
required in connection with the any other offence. If
breach of any above condition is committed, the
Sessions Judge concerned shall take appropriate
action or issue warrant against the applicant. The bail
bond to be executed before the learned trial Court
having jurisdiction to try the case. It will be open for
the sessions judge concerned to delete, modify and/or
relax any of the above conditions, in accordance with
law. Nothing stated hereinabove, shall tantamount to
the expression of any opinion on the merits of this
case. Rule is made absolute to the aforesaid extent.
Direct service permitted.
(ILESH J. VORA,J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 03/06/2026 11:19:00
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