High Court of Gujarat
JAYANTIBHAI KANTIBHAI GEMABHAI DABHIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that the applicant is entitled to regular bail as the offence is non‑capital, the presumption of innocence applies, and continued detention would amount to pre‑trial conviction.
Summary
The High Court of Gujarat considered a regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Jayantibhai Kantibhai Gemabhai Dabhi, who was alleged to have supplied liquor in violation of the Prohibition Act. The applicant claimed innocence and argued that no further recovery was required, while the State opposed bail citing the seriousness of the offence. The Court examined factors such as the nature of the accusation, the non‑capital nature of the offence, the applicant’s prior antecedents, and the presumption of innocence, and referred to Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor). Finding that the offence was not punishable with life or death and that continued pre‑trial detention would amount to a de facto conviction, the Court exercised its discretion to grant regular bail. The bail was conditioned on a personal bond of Rs 25,000 with a surety and several statutory conditions, and the trial court was directed not to be influenced by the preliminary observations.
Issues considered
- The applicant is entitled to regular bail under Section 483 of the BNSS, 2023 despite the allegations under the Prohibition Act.
- Whether the nature and gravity of the alleged liquor‑supply offence justify denial of bail.
- Whether the applicant’s prior antecedents and the risk of tampering with evidence warrant refusal of bail.
Legislation cited
Subjects
regular bailSection 483BNSSProhibition Actpresumption of innocencepersonal libertyArticle 21pre‑trial detentionbail conditions
Judgment
R/CR.MA/12986/2026 ORDER DATED: 12/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12986 of 2026
==========================================================
JAYANTIBHAI KANTIBHAI GEMABHAI DABHI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR RAKESH B SHARMA(2521) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/06/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11204027260161 of 2026 registered with
Kathlal Police Station, District Kheda for the offences under the
Prohibition Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence and now
nothing is required to be recovered or discovered. He therefore submits
that, considering the nature of the offence, the applicant 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 requested to dismiss the present
application for regular bail looking to the nature and gravity of the offence.
[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
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R/CR.MA/12986/2026 ORDER DATED: 12/06/2026
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) The allegation against the applicant is that he was the supplier of
the liquor however, now the investigation is over and charge-sheet
is filed;
(2) None of the offence alleged is punishable with life sentence or
death penalty and is triable by the Court of Magistrate;
(3) Applicant is behind the bars since 07.05.2026;
(4) There is nothing to be recovered or discovered from the applicant;
(5) Though applicant is having three past antecedents, he is governed
by the presumption of innocence;
(6) Obviously commencement and conclusion of trial will take some
time.
[7.0] This Court has also taken into consideration the law laid down by the
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R/CR.MA/12986/2026 ORDER DATED: 12/06/2026
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central 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 applicant is ordered to be
released on regular bail in connection with FIR being C.R.
No.11204027260161 of 2026 registered with Kathlal Police Station,
District Kheda on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five Thousand 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 &
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 leave the State of Gujarat without prior permission of the
Trial Court concerned;
(e) mark presence before the concerned Police Station once in a
month for a period of six months between 11.00 a.m. and 2.00
p.m.;
(f) furnish the UIDAI Number, Contact Number/s, Passport Number
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R/CR.MA/12986/2026 ORDER DATED: 12/06/2026
(if he is having the passport), E-mail address and 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 without prior permission of Trial Court;
(h) not to indulge in any illegal activity or any similar type of offence
failing which concerned Investigating Officer shall have liberty to
file an application for cancellation of bail against the present
applicant;
(i) not to enter District Kheda for a period of SIX MONTHS
except for marking presence before the concerned police
station and/or for attending the court proceedings.
[9.0] 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 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 applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2026 14:29:27
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